The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-09-21

HIS Majesty:
"rhird, In order, so far as
possible, to remove the stain now
resting on the Throne, we request of
the King that he shall cause immedi-
ate restitution to be made of the
sum to wit: seventy-one thousand
dollars (S1l ,00O) recently obtained
by him in violation of law and of his
oath OF office, under promise that
persons from whom the same was
obtained should receive the licenre
to sell opium, as provided by the
statute of the year 1886"
To which His Majesty was pleased
to send the following reply;
ITO the third proposition, We re-
ply, that We do not admit the truth
of the matters stated therein, but
will submit the whole subject to Our
new Cabinet and will gladly act ac-
cording to their advice and will
cause restitution to be made by the
parties found responsible"
From the evidence of Mr.. Thurs
ton the Minister of the Interior and
of Mr., Ashford the Attorney-Gener-
al, it appears that the Cabinet had
advised His Majesty to make some
settlement of this claim before the
meeting Of the Legislature (Which
it seems to me was their duty to
do.) That about the end of last
October and the beginning of Nov
ember, at meeting of the Cabinet,
His Majesty admitted that he had
received this money, but claimed it
was gift to him and it was arrang-
ed that the revenues from the
Crown land should be appropriated
to the repayment of this money.
The defendant, c. p. Iaukea, then
His Majesty's Chamberlain and
Private Secretary, endeavored to
raise sufficient sum by mortgage
of His Majesty's private property,
to satisfy the claim or part of it,
and applied to the defendant Da-
mon who declined and the loan was
not effected.
Mr.. Thurston testified that the
sole object of the Cabinet was to
settle this claim, and that they
were not interested in obtaining
| payment of the debts or claims of
other creditors, but upon receiving
q statement of the amount of the
Kings debts from Mr.. Iaukea. they
were SO astonished at the amount
that they thought it would not be
right to pay this claim in prefer
ence to the others and ultimately
advised His Majesty to make an as
signment in trust for the payment
| of all claims pro rata, and the trust
| deed before the Court after nego-
tiation with some of the principal
| creditors, as to who should be the
trustees and as TO the payment of
this claim was executed, Mr.. Castle
asserting to the arrangement on be-
half of Aki.
Mr.. Castle testiiies that at or
about the time the deed was execut-
ed, His Majesty sent for him and
that he met His Majesty at the
Bungalow in the Palace grounds
when His Majesty admitted he had
received the money and was alone
responsible for it.
1t is unnecessary for me to go
through the testimony as to the
reasons why Axis name was not
mentioned in the deed.
What was the position of all par
ties at the date of the execution OF
this deed?
His Majesty owed a large amount
to various creditors neither one OF
whom was in position to enforce
payment.
Aki or his representatives haG
also claim which could not be Ell.
forced in the Courts, but he had the
solemn pledge of His Majesty, pub.
licly made, to cause restitution tC
be made, and it is to be presumed
that the Legislature then in session
would have taken some action il
the matter whereby Aki or his rep
resentatives would have been ena
bled to obtain satisfaction.
BY the execution of the deed
His Majesty's other creditors wer'
placed in better position, and th'
plaintiffs in somewhat worse one
as they had by consenting to th'
arrangement prevented any actor
by the Legislature.
, 1t appears to me that under tin
circumstances the defendants Nigh
have well been advised to allow tlli
claim and SO have prevented tn
matter being again agitated which
: all parties wished to avoid.
, The deed does not purport to b'
in trust for creditors, generally, th'
| first and principal trust being il
, these words:
= Il. The trustees shall receive ant
examine all existing accounts, bill
} and claims against the grantor whicI
shall within three months from TIN
, date of these presents be presente,
, to them and shall approve in writing
, so many and so much claims a
shall appear to them or TO MAORI
ty Of them to be correct and jus
and properly certified and shall re
ject all other claims and parts o
claims, and at the end of said thre
colo "a "a =