The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-09-29

Inc House met at lU-1O A. vi.
Rep. Kaunamano gave notice of an
Act to amend the Road Board Law
passed this session.
Rep. White read an Act to encOur-
age manufacture of jams, jellies, etc.
ORDER OF THE DAY.
The special order was the considera-
ton of the amendments to Article %
of the Constitution. Deferred for one
week.
APPROPRIATION BILL.
Burglar-proof vault for Treasury,
$500.
Rep. Smith moved the item pass at
1854. The Auditor General was cor
rect in refusing to audit the bill, but
the work was done, and might as well
be paid for. He did not, however,
favor the item for interest. They
were doing well to get the principle.
Ministers and officers of Government
should keep within the law. 1t could
not be ascertained whether the work
nllElI nave Occli VI nv.
Minister Macfarlane had no special
desire to pay any interest if it could
be Justly avoided. The question was,
whether the claimants were justly
entitled to interest. A few days ago
the House had passed an item for
claim with interest. Rep. Smith:
That was legal judgment; it had to
be paid.l When Noble Thurston was
in Office he paid claim with interest,
and then asked the House for an in
demnity. rep. Smith: That was a
Judgment. 1t has nothing to do with
this, which is an illegal claim.] The
speaker had been member of the
Finance Committee, and at first the
transaction had appeared very irregu-
lar, but afterwards his skirts were
cleared.
Rep. Smith said the firm who made
advances on the Volcano road got no
interest, though they wanted it. They
took their chances.
Noble Cornwell thought these firms
did not ask for any interest.
Rep. Kamauoha favored payment
of principal and interest.
Noble Baldwin said this was an
item which the Finance Committee
was bound to report on as illegal, as
above $500. He thought it proper that
the House should draw some line be-
tween legal and illegal claims. 1t
should not be made too easy to get
the money ON an illegal claim. 1t
should not pay interest in settling
such claims.
Minister Parker favored payment of
the interest. If the company brought
suit against the Government they
would undoubtedly get judgment.
No doubt the contract made by the
Cabinet was, strictly speaking, illegal,
but they could not wait-they had no
time to call for tenders.
Noble Thurston said the Minister
was mistaken. The company could
not get judgment either for principle
or interest. They were supposed to
know the law, and under the law
their contract was illegal. The House
should not pay the interest. The
Finance Committee had referred to
this at great length in their report
ton of the law; and if the Legisla-
ture did not pay attention to it, it
would be repeated. The Minister of
the Interior had given out the con-
tact without applying for tenders,
though there were two other applica-
tions on file in the office. There was no
reason why the Minister of Foreign
Affairs should give any such childish
excuse as that poor old barefooted
Bill had scared the Cabinet into Civ
ing the contract to the company re-
presented by the son-in-law of the
Minister of Finance, when there
were two other companies wait
ing to bid. The Minister of Foreign
Affairs sits there stewing in his gravy
and muttering "Volcano road" /
presume he cannot see any distinc-
ton between that case and this. I
will try to explain it to him. In the
case of the Volcano road, the appro-
priation had run out. Certain people
who wanted the road built went out
and built it at their own expense.
They had no legal claim against the
Government, but when the Legisla-
ture met, they said there is the road,
and asked to be paid just exactly as
Peter Lee had done, for whom the
Legislature had just appropriated
money. 1 had not bound the Govern
ment in any way. [ had simply said
L would recommend the Legislature
to appropriate the money. The situa-
ton was precisely the same as if the
member from Wailuku should 60
ahead and finish at his own expense
the road from Lahaina to Wailuku
and then ask the next Legislature to
pay him. The question for the Legis-
lature would be simply, is the road
worth the money? That was the legal
aspect of the matter. He did not
charge the Minister of Foreign Affair:
anything for giving him little legaI
education, and hoped he would come
around again.
Minister Macfarlane said it was i'm.
material to him whether this interest
was paid or not, but if the claim were
just, it should be paid, whether il
could be enforced or not. The Noble
from Maui had endeavored through.
out the sittings of the committee, tC
fasten some irregularity on the mem.
Der from Honolulu, and had done Sc
in vain. The company had known
nothing of the requirements of oul
law. (Rep. Smith-The agent wa:
here.) The agenG took no part in the
proceedings. The member from Mau
said he believed the member from
Honolulu (Mr. Berger) was financi
ally interested in this now.
Noble Thurston-And you believed
the same thing.
Minister Macfarlane-I did nothing
of the kind.
Noble Thurston-You told me so
dozen times.
Noble Baldwin Yes, you did sa,
that.
Minister Macfarlane denied havin.
done anything of the sort. NobI,
tEhnrStOIl had al ~.