The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-06-21

| claims against the Hawaiian Govern
| ment, which said Government shall
| refuse or neglect to satisfy or adjust, "
such person may bring suit thereon
against the Government ''for the pur-
! pose OF adjudicating such claim" upon
| (sectlOn g one OF the Justices OF the SUI
| preme Court endorsing on the complaint
that the claim which it sets forth sis a
fair subject for judicial investigation.
The general impression is, that this is
just and wise bill, and that the Gov
eminent ought to be held to its liabili-
| ties as much as is private individual
l think this impression IS due to mIsap-
prehensiOn OF the functions and methods
| OF government, and that such bill II 1t
| becomes law will be found to be either
unconstitutional, or else fraught with
danger to the body polite. There IS no
provision in the bill for enforcing pay
ment of any judgment, and to allow ex-
ecutions or judgments against the Gov
eminent to be levied on Government
property would be unprecedented and
preposterOus. By the Constitution no
money can be drawn from the public
treasury except upon legislative apprO-
priatiOns or, in cases OF public disaster,
by authority OF the Cabinet and Prlvy
Council The judgment obtained on
the claims would therefore be useless,
for it would have to 90 before the Legis-
lature, which may consider the claim
just as if it had not been ''adjudicated."
In the United States and in England no
suit can be brought against the Govern
ment without its consent. The u. S.
statutes authorize certain classes of
claims to be submitted to a Court of
Claims, such as claims for land taken
for public improvements in the city of
Washington (Stat. 1922 claims for
money received from Mexico under the
treaty of Guadalupe Hidalgo (Stat.
1849); claims under grants from foreign
Governments to land since coded to the
United States, and certain other speci-
fed classes of claims. Statutes have
also been enacted giving effect to judg-
ments on such claims. 1t is, however,
general prime pie that a Government
cannot be made liable for contracts of
its officers not authorized by statute, and
in no case for the wrong-dOings OF its
officers. To hold otherwise would place
the Government at the mercy OF dis
honest, ignorant or unWise officials.
In England, petition of right is pre-
scented to enforce any private rights
against the sovereign, which requires
the consent of the sovereign, shown by
the endorsement, Let right be DONE"
endorsed by the Secretary of State for
the Home Department. This was an
ancient right, which, after centuries
of disuse, has within the last half cent
ury been revived. 1t is always under
stood that such petitions will not be
capriciously refused.
The Hawaiian statute formerly re-
quired such suits to receive the consent |
of the Privy Council, but under the ex-
listing Constitution that body cannot |
such matters, and it only re- |
mains to amend the statute, SO as to |
authorize some other official (and [ |
should say that he ought not to be
judicial officer, to give such consent.
But to enact law which authorizes any |
claim to be sued against the Govern
ment which seems to be ga fair subject |
ior judicial investigation, either means
100 much or nothing at all.
ALFRED S. HARTWELL.