The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-10-21

I from lUe ldte W. W. 0AoSOtis WAO WIS
then Minister OF Foreign Affairs and
Premier, on behalf OF the Government,
and also under orders OF His Majesty.
Your committee also finds that the
rest OF the goods and for said services
rendered. were issued by His Malesty's
Chamberlain and others connected with
the Palace who were known to have
something to do with the general ar
rangement of matters relating to said
funeral, all of which orders, being given
in the ordinary course OF business and
according to custom heretofore known,
were recognized by said claimants as
genuine.
And YOUR committee here desires to
say that it does not believe that any
business mans views of the custom
prevailing in this country at the time,
and for several years prior thereto
in matters connected with state funerals.
where the orders for goods, etc, come
from such a responsible source and
| under such circumstances, would for ore
moment think OF refusing to fill such
orders; and if such be the case, your
committee does not think that there was
any occasion to put tine claimants upon
| their inquiry as to whether the orders
were genuine or not, or that the whole
| transaction was Illegal, and in this con-
nection your committee was given to
understand that assurances We're given
the claimants by His Majesty, Mr.. Hay
selden, Mr.. Gibson, and Mr.. Aholo, on
| behalf of the Cabinet, that said claims
| would be, as was customary in such
cases, submitted to the Privy Council,
and thereafter be paid. And your COM
mittee Is further given to understand
that under such circumstances the claim
ants sold and delivered their goods and
rendered said services, with the hope
that they would be paid, as had been
the custom for several years past upon
all such occasions, many OF whom having
been parties to similar transactions.
The petitioners say, among other
things, that they do not see why they
should not be paid because they gave
their goods and rendered their services
in good faith, and there was nothing
strange oY unusual in the nstter to
arouse their suspicion and force them
upon their inquiry as to whether the
orders We're false, fraudulent on other
wise.
Your committee notes that the petit
TONERS asked the Legislature OF 1888 for
redress, and the then Finance Commit
tee to which was referred the inyestiga
tion, and consideration of said claims
among other things, said that "as a
result of cur labor would recommend
that the following amounts be paid by
the Government. Here the several
sums are given, aggregating SIC, o,572. Il,
and your committee is given to under
stand that the claimants refused TO take
the same because that the late Govern
ment would only pay the same in full
settlement of the claims, and not IN par
tial payment, as was expected by the
claimants.
Your committee also notes that the
said Finance Committee OF 1888, among
other things in its report, said that g a
summing up lof the evidence before us,
an outlineof which we have given above,
leads us to the belief that it would be a
wrong to the taxpayers of the country
for us to recommend the Legislature to
settle for the total amount OF claims on
account OF this funeral from the Public
Treasury.
We feel, however, that notwithstaMd-
ing the illegality, and total want of pro-
per Authorization for these expenditures,
that it is but right and proper for the
country to pay the tribute due the rank
OF Her Royal Highness, and following
the custom as near as possible 5oP eX-
pendtures made for like state funerals
in she past, we recommend that the
Legislature appropriate an amount to
cover what might be considered legiti-
mate and proper funeral expenses for a
royal parsonage"
And said Finance Committee says
further, after recommending the pay
ment of said sum OF so, ,772.7l to be paid,
that " In regard to the rest OF the
claims, We would say that as they were
ordered by His Majesty, and the bills
were run up under his orders, it seems
plain the way is open for all claimants
that this Legislature may not fully settle
with, to take the proper course TO obtain
a full settlement from the trustees of His
Maiesty's estate"
1t will be seen from the above extracts
that although that committee thought
that the debts were illegally contracted
for and that there was total want of
proper authorization, yet they recon-
mended that part OF those illegally con-
tracted debts should be paid. Your
COlulnlIUee Is Ol opinion l&ldI IL Sdlu cOul-
mittee found that the debts were ille
gally contracted and that there was a
g total want Of proper authorization it
should have rejected the whole.
Your committee believes and is so in
formed that in view OF the suggestion OF
the said Finance Committee, as above
quoted, one of said claimants, to wit,
NJ. Phillips & Co., brought suit in the
Supreme Court in equity against His
Majesty's trustees, to establish said
claim, which failed, and the Court tMr.
Justice Preston) in rendering his deci
sion, sums up as follows: " Upon full
consideration of the testimony l do not
think the complainant has established
his claim 1t seems to me that the com.
plainant's firm expected to be paid by
the Government, or from vote or APP
preparation to be made by the Privy
Council as had been done on similar oc-
casions previously. The account was en-
tered, as before stated, to Funeral ex-
penses of II. R. H. Likelike, even after