The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-09-05

j. That this work was ordered TO be |
done by l.. Aholo, Minister OF Interior.
2. That the charge was a reasonable
one.
3. That the bill was presented to L. A.
Thnrston, Minister of the Interior, who
refused to approve it.
4. That such refusal was on the ground
that there was no appropriation from
| which to pay it, and that the Palace did
not belong to the Government, but was
the private property of His Majesty.
5. That the Palace is Government
property, which the committee gravely
proceeds to prove by citing official evil
dence.
8. That there was an appropriation
from which the appropriation could have
have been paid, viz. Lighting City of
Honolulu with electric light"
Z. That as proof positive that such APP
preparation was available for that pur-
pose, said L. A. Thurston had approved
bill and paid for the cement used in
this same job.
On this statement they recommend
payment of the whole claim.
/ desire to state:
First-That the fourth allegation made
by the committee, that | refused to pay
the claim on the ground that "the Palace
did not belong to the Government, but
was the private property of His Males
ty," ia such bald absurdity, after $780,
600 and upwards of the peoples money
have been expended in building it, that
it would seem too much for even Ha-
waiian politician to swallow without in
yestigation or inquiry; but the commit
tees digestion was equal to it. AS mat
ter of fact this is totally unfounded
4 kofa No ~,
could have been gwen by any sane man.
Second - That the committee has
failed to report to the Legislature the
following material facts:
Q.) That the electric light plant for
which this foundation was made, includ-
ing the dynamo and appurtenances, the
boiler and the engine, was at the time
the foundations were built, and is now,
the private property of the King. He
bought it on his own account; paid for it
with his own money, with the exception
of the boiler, which his trustees are pay
ing for in installments as funds are
available; has derived private revenue
from it by renting out lights to the Hotel,
and has negotiated to sell it to the Gov
eminent. There has never been any
claim or pretense that the entire plant
was not the Kings private property.
(2.) The committee have failed to in
form the Legislature that the reason why
Mr. 9owler's claim was refused was be.
cause it was for constructing a founda-
ton for the Kings private property, in
which the Government had no financial
interest and to which it had no claim.
(3.) The committee further failed to
report that another reason why refused
to pay the claim from the appropriation
for " Lighting the City of Honolulu with
Electric Lights" was that in addition to
property of the King, the lighting of the
t Palace was not the object intended by
the Legislature when they made that ap-
D preparation. They intended it for the
lighting of the streets of the city, and the
, lighting of the Palace was no more prop
erly chargeable to this appropriation
than would the laying out of walks and
drives on the Kings private land or in
the Palace yard be properly chargeable to
the appropriation for " Streets Of Homo
lulu"
Both of the above reasons were stated
by me in writing to Mr. Bowler, which
letter, or the letterpress copy thereof in
the Interior Department, were available
for the information of the committee.
a. The committee have further failed
to report to the Legislature that Mr. Bow
Ter brought suit upon this claim in the
Supreme Court. and that upon the evi.
dence produced by the plaintiff, the
Court instructed the jury that the law Of
the case was such that they could not do
otherwise than find verdict in favor Of
the Government, which they accordingly
did.
CO. The committee have further failed
to inform the Legislature that this same
claim was presented to the Legislature oil
1888; that it was then thoroughly investi.
{ gated and rejected, on the ground that il
was not work done tor the public and
that therefore the public moneys should
| not pay for it.
Third-The committee has, uninten-
tionally no doubt, misrepresented to
3 the Legislature that the work was
properly payable from the Street
Lighting appropriation, and that
> had so considered it, because paid
for the cement used in this work out oil
that appropriation. The fact is that all
;. of this work was done and material pur-
, chased before came into office; that
for some time after l came into Office
was engrossed in the preparation for the
election and Legislature which met soon
after; that knew nothing of the Kings
having private electric plant; that, as
a matter of course | was obliged to at
. first depend on the several heads Of
r bureau for the correctness of bills, and
when, among other bills one for
cement furnished to the Govern
n ment was presented with the Ger.
: tificate of the late Superintendent Of
Public Works that it was correct, a
draft was signed by me in payment
t thereof. When the question of Mr.
: Bowler's claim came up l had ascer-
tanned the facts and refused to pay it, as
| should have done the cement bill had
| then known the facts.
The committee have then made re-
} port to the Legislature concerning this
claim, in which they have totally mis-
stated one material fact, have msrepre-
sented one important item of evidence,
D and have totally failed to report five
facts which are vital to the whole case,
without which there can be no correct
understanding of it.
I | therefore claim that upon the facts
: and the whole facts, the people should
3 not he called upon to pay this bill out oil
: their hard earned taxes; that | acted
I justly in refusing this claim, and would
/ have been derilict in my duty had done
q otherwise
Mr.. Bowler has had fair trial before
Court which has not shown any parti.
atty toward the late administration
. and verdict was fairly rendered on
: the law and the evidence in favor of the
I Treasury.
The reasons stated by the Court at the
trial were not technical in their nature
, but were the plain law and plain com.
: mon sense reasons, that work done for