The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-10-28
THE LEGISLATURE.
18TH DAY.
MONDAY, Oct. 27Lh.
AFTERNOON SESSION,


Chinese contractor on the Luakaha
reservoir. If they passed one they
should pass the other, as they could
not make fish of one and flesh of an
other. BY establishing such a pre-
cedent they would have deluge of
similar petitions for relief next scs-
sion. He could not vote for either
item.
Noble Muller fully agreed with
the views of the hon. member for
Honolulu, but he had forgotten that
the committee found that this con-
tractor was interfered with, his
grades being changed for instance.
This made the case different, and
he should therefore vote for the in
sertion of the item.
Rep. II. w. Wilcox was in favor
of paying this claim. 1t cost the
contractor great deal more than
he had calculated, on account of q
mistake made by the late Superin-
tendent of Public Works. The
Minister having the advantage of
the official estimates had the right
to reject a bid that was foolishly
low, and he having in this case ac-
cepted the lowest tender the claim
should be paid.
Rep. Waipuilani said no distinc-
ton should be made between the
claims OF the Hawaiian and the
Chinaman, which were precisely
similar. The contractor for the
Kailua Courthouse lost money on
the job, and if these claims passed
this other man would have claim.
He was sorry to vote against a
countryman, but he could not sup
port this item.
| Rep. Paehaole supported the
item, saying it was on the same
basis as the Kailua wharf item. If
this contractor had not been misled
by the authorities he would have
made something.
| Minister Brown held that the
passage of the item would be dan,
gerous precedent. If the contrac,
tor had been deceived, that meant
that he had been required to do
something not in the contract. In
that case he would have legiti-
mate claim for extras. If sucl,
claims were recognized by the Leg.
islature, persons competent to make
estimates would not tender for pub
lie works, having to compete witt
straw men who would depend fol-
for their profit on vote of the Leg,
islature. Members should dea
this matter as in their own private
business. None of them would b,
willing to pay contractor for build
ing a house $4,000 simply because hi
claimed to have lost on his tende
for $4,000.
Rep. Nawahi cited case where
Redward & Walker were alleged Il
have got more than the contrac
price for a job.
Minister Brown replied that th
matter would be investigated. and i
there was claim on the part of tn
Government they would go after tn
money.
Rep. Nawahi spoke of some trans
action between the late Government
and DR.. Tucker, also of the items t
recoup Fred. Harrison.
Rep. Brown asked the hon. mem
Der if he expected this Government
to do wrong because the late Gov
eminent may have done so.
Rep. Nawahi replied that if thi
Government neglected to bring j
an indemnity bill for the illegal ez
penditures of their predecessors thi
Government made themselves re
sponsible for such.
Noble Macfarlane related the pal
ticulars of the case as discovered b
the finance committee. There wer
nine tenders for the main roa(
ranging from $4,000 down to $4,000
!. The late Minister of Interior in ask
ing for the appropriation though
: the amount would be suflicien, 0nl
for building the main road. I'll
performance of this part at Kaiaik,
waha's figures he found would Ell
able the Government to build til
q east branch, which Kaiaikawah
also got TO do for $2400. Kaiak,
waha went into this work with in
perfect knowledge of the business
He was put out of pocket, and hi
house was mortgaged and his furn
ture sold. There was principle il
volved in this matter, and, if the
! paid this claim, would it not ope
the door to persons rendering fl
public works without sufIicieI
knowledge of the difficulties, in I'll
hope of getting relief from the Leg
lslature in case of loss. In some +,
| spects this was entirely differel
from All Los claim. KaiaikawaI
gave up all he had in order To earn
out his contract, whereas the col
tractor for whom Ali Lo was sure
ran away. Both the Minister al
the Superintendent were of opiniC
that Kaiaikawaha could not do Il
work for the price. IL the Minist
iltelfered the contractor shou
nave known enough about the bus
ness 10 have refused 10 perform an
thing outside Of his contract, III
matter Of Walker 4 Redsard 70
ling Sll0O over their contract 4
lho inleroepling ditch should be u
y n. .Y,.ll La .A,Iitn..