The Hawaiian gazette., 1888-08-07

fore this House which was refused. Hence
the petition to this House.
In relation to the work done for and on
! account of the electric light works in the
Palace yard they find that the plant was
the private property of His Majesty and is
now used for lighting the Palace and Pal
ace grounds, and that all the work was
done under the superintendent of the
Government and by the direction of the
then Minister of the Interior, l.. Aholo. The
principal part of the work was founda-
ton for the engine, and all materials, ex-
cept cement, were furnished by Bowler,
the cement being furnished by the Govern
ment. The bill for the cement, this Com
mittee is informed, has been paid by the
present Government. The work was fin
ished and accepted in the latter part of
Nav. 1887 This work was done under a
verbal contract and was not awarded upon
any tender. Payment of this claim,
amounting to the sum OF $1762, has been
demanded of the present Ministry and
refused.
This Committee is informed that the le-
fusals of both these claims is based upon
legal grounds.
Upon consideration of these petitions,
your Committee report that grave and i'm
portant legal questions arose as to the
liability of the Government to pay for the
ing that it was beyond their power and not
one of the powers of the Legislature to re-
solve itself into court of law and decide
the matters III dispute, have come to the
conclusion that the petitioner should seek
his remedy in the Courts OF the Kingdom
In relation to the petition of R. More g.
Co., your Committee find that the work
done on the Palace gates was ordered by
the Superintendent of Public Works,
whose order was subsequently confirmed
by the Minister of the Interior; of this fact
there is no documentary evidence. The
work and materials were furnished during
the last week in June and the first week OF
July, 1887 and whether they were neces-
sary or not is a question which jury alone
should decide.
The questions of law and fact involved
in this claim are properly triable before
the Courts of this Kingdom and we think
the petitioner should seek his remedy
there.
Your Committee therefore recommend
that the three petitions referred to be laid
upon the table, and your Committee fur
Their recommend that an item be inserted
in the Appropriation bill to read as fol-
lows: For the payment of any judgments
that may be recovered against the Hawaii
an Government for labor done and mater
ials furnished to the Government, $4,000.
Honolulu, July 81, 1888.
CECIL BROWN,
w. o. SMITH,
W. A. KINNEY,
d. H. HITCHCOCK,
JOHN RICHARDSON.
Rep. Kinney moved the report be
adopted.
Noble Widemann moved it be accepted |
and printed.
Rep. Paehaole moved it be laid on the
table to be considered With the Appropria-
ton bill.
Minister Thurston moved the report be |
accepted up to and excluding the last re- |
and that the said last re- |
Ito insert 50 200 in the APP |
bill, be rejected.
After considerable debate, in which |
Mobiles Widemann, Baldwin and Smith |
Ministers Thurston and Green; Reps. Kin
ley, C. Brown, Paehaole and Kamauoha |
.ook part, Minister Thurstop's motion was
adopted.
Rep. F. Brown reported two bills and the
majority and minority reports of the Com
nittee on Commerce on the bill for the
OF coffee cultivation,
printed
Noble Baldwin read minority report of
he committee to whom was referred the
item of SO 900 for advertising the
etc. Committee do not approve
# the item.
Laid on the table TO await the majority |
epoTt, meantime to be translated.
At ll:35 the House took recess to /
o'clock p. N.