The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-10-15

Your committee also notes that the
said Finance Committee OF 1883, among
other things in its report, said that q
summing up tof the evidence before us,
an outline Of 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 10 |
settle for the total amount OF claims on
account OF this funeral from the Public |
Treasury.
We feel. however, that notwithstand-
ing the Illegally, 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 for ex-
penditures made for like state funerals
in the past, we recommend that the
Legislature appropriate an amount to
cover what might be considered leglti-
mate and proper funeral expenses for a
royal parsonage"
And said Finance Committee says
further, after recommending the pay
ment OF said sum OF $40, 772. Il 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 Ills
| Majesty'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
committee is of opinion that if said COM
mittee found that the debts were ille-
gally contracted and that there was a
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,
M. Phillips & Co. brought suit in the
Supreme Court in equity against His
| Majesty's trustees, to establish said
claim, which failed, and the Court (Mr
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 HI. r. H. Likelike,' even after
the second form of order was issued, anC
: I was much impressed with the answer
given by Mr.. Hartwell in answer to g
question put to him that pos
sibly the complainant did not wish t
give credit to person who could not bt
sued, and cannot find from the evid
ence anything which shows that thu
complainant's firm gave credit to Hi
Majesty. Although the several ORDER
are signed by Hayselden "per order" i
, does not appear that the complainant
firm made any inquiry of any of thu
husband of deceased as to Hayselden'
authority to issue the orders. 4 Tn
D mere statement of His Majesty to Hay
selden that if the Government did no
pay he would did not create any liza
y bility as between His Majesty and tn
complainant"
. After this decision, said M Phillip
& Co., through Mr.. A. S. Hartwell a
before, brought suit at law against tn
0 Hawaiian Government on the 18th De
: cember, 1888, and on the 18th of Decem
8 Der, the Justices of the Supreme Coul
refused process, thereby rendering tn
e plaintiffs in that case who are also claim
s ants here without redress except to az
g ply to the Legislature, and this commi
), tee is OF opinion that the Legislature
now the only tribunal which can pas
upon this matter.
n 1t will be seen from the foregoing thu
these claimants have used every possibl
D.. means of obtaining redress. They acte
y upon the suggestion OF the Finance Con
e mittee of 1888, and upon the view ez
n pressed by Justice of said Court in tn
y above quoted decision, in all of whic
a they have failed.
II In view of the facts and circumstance
8 above related, and also of the finding
5 above arrived at, your committee is {
Is opinion that the said claims with interes
q should be allowed in full, except a
c, below set forth, and they therefore re
commend that an item to pay the sam
e be inserted in the appropriation bill q
- follows:
8 Expenses state funeral of Her LAT
n Royal Highness Princess Likelike, viz