The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-10-20

Ii'ib, a. -. a'hC'S 4 ICStucbbt III
the chair, Minutes were read hv
Secretary Chas, Wilcox and Inter
prefer W l.. Wilcox.
PETITIONS.
Rep. Brown presented petition
FROM Koolauloa, that u resident ply
stefan be appointed, that the native
school ut Hama he substituted by an
English school, and that $40, 900 be
appropriated for The roads and
bridges and landings of the district.
ORDER OF THE DAY.
The House proceed to the order
of the day, being the consider
alton of the Appropriation Bill.
Rep, Brown, in resuming the de-
bate on the Bowler claims, said that
if it was proposed to insert the item
as recommended by the committee,
he should vote against it. For the
work done on The Palace ground,
being public property, Mr.. Bowler
should bc paid, but he did not think
the payment should include interest.
He was a member ot the committee
that investigated the matter last
session, and with MIR. w. O. Smith
presented minority report, in which
it was found that the contract was
not strictly legal, but which recon-
mended the insertion of an item.
While believing that the petitioner
should be paid for his considerable
work on the Palace wall, he could
not swallow the claim in regard to
immigration. The report of the
committee on that matter is based
on what might have been. This
implies basis not recognized by
law. The vessel might, for instance,
have been lost. When that agree
ment was made Mr.. Bowler had
made no outlay on the bark Kala-
kaua. If the items were divided he
would vote for paying for the work
done and materials furnished on the
Palace property.
Noble Baldwin referred to the
number of times these claims had
been before the Legislature and the
Courts. There would probably be
similar claims arising from time to
time, and it behooved the Legisla-
ture to act discreetly and in the in
terests of the country. Ministers
ought not to authorize expenditures
not provided for in the Appropria-
ton Bill, but sometimes Ministers
took different views as to what was
lawful. Mr.. Bowler had sympathy
as working man in this matter, but
it did not look we'll to see him in
attendance on this Legislature the
past two or three months.
| Noble Phillips-He has nothing
to do-he has no work.
Noble Baldwin said that nigh
be. Ministers of this Government
were bound by the law In peculiar
way. They were the custodians o
the public treasury. Subjects wer'
also bound by the law. If maj
made a contract with him to build !
house, he would look into his ability
to pay for the work. In the SAM
way, before private person made
a private contract with the Govern
ment he should see what law Their
was behind the contract. 1t was NJ
excuse for criminal at the bar tt
plead ignorance OF the law. Emer
gencies arise when the Government
believes it to be in the public inter
est to make contracts outside of tn
law, and the duty of the Legislature
was to ascertain whether the worl
in question was public necessity
Some members had cited the volca
no road as q parallel case. In tina
matter he had voted for the inser
ton of the item 10 pay advances
because he always believed that th
road was public benefit, aud th
money was advanced entirely at tn
risk of the lenders. II they wen
beyond that principle they woul'
get into deep water. The ligh,in,
of the Palace was private matter
just as the lighting of the house Q
any official. The plant was pai
for out of the Privy Purse, and tn
setting of it should have been pal
from the same source. The Kin
used it still as private property, sup
plying light to the Hotel in retur
, for coal. His Majesty had been nc
| gotiating with the Government I
take the plant off his hands. In re
gard to the Palace gates it appeare
, there was an appropriation in 1873
! for completing the wall and gate o
; the Likelike street side. The Mir
9 lister after the completion of thi
3 work made new contract for wor
f on the other parts of the wall, fo
which there was no appropriation {
| least, for the amount required. II
r quoted from Judge Dole's decision
e when the case was lost, that a
agreement without authority of la
: was yoi3. He would be willing
( vote for $4,000, according to the e'
( innate of the Superintendent
c Public Works on the basis OF I'll
{ work done on the Likelike stre'
1 wall. The claim on account OF IL
s South Sea Islanders was not mao
TO last session of the Legislature
] probably Mr.. Bowler not thinkin
: then that he had claim, Ill