The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-03-15

-, 5, 4, ana b OF the ACT pTOVlulQR IOr
bringing action agai st the Govern
ment was accepted. The bill creating
the Supreme Court court of claims,
after numerous amendments, passed
the second reading. The first division
Of Section reads follows: "First-All
claims against the Government found
ed upon any statute of the Republic;
or upon any regulation of an eXecu-
tive department.; or upon any con-
tract, expressed or implied, with the
Government, and all claims which
may be referred to it by either House
of the Legislature. Provided, how.
ever, that no suit shall be maintained,
nor shall any process issue against the
Government, based on any contract
or any act of any Government officer
which such officer is not authorized to
make or do by the laws of this Republic,
| nor upon any other cause of action
than as herein set forth.
Section was amended to read:
" Every claim against this Govern
ment, cOgnizable as aforesaid, shall be
| forever barred unless the petition set
| ting forth q statement thereof is filed
| in the Court, or transmitted to it by
| the Secretary of the Senate or Clerk
of the House OF Representatives, as
provided by law, within two years
after the claim first accrues. Provided,
that the claims of persons of legal dis
ability shall not be barred if the petit
| ton be filed in the Court or transmit
ted as aforesaid, within one year after
| the disability has ceased"
Other sections were added as follows:
Section s. No interest shall be al
lowed on any claim up to the time of
the rendition of Judgment thereon by
the Court, unless upon a contract ex-
pressly stipulating for the payment Of
interest.
Section 9. The judgment of the Su-
preme Court in all matters brought
before it under the provisions of this
Act shall be final.
The Indemnity Act was divided
because of the possibility that Sec
tions 2 and might be readjudged as
retrospective, thus invalidating the
entire Act. The bill confirming the
action of the President and his sup
pOrters reads:
WHEREAS, Being seduced by the insid-
ious counsel of Wickedly designing per-
sons, many individuals resident in the
island of Oahu, did conspire by force to
overthrow the constitution and govern
mept here established by law, and in
furtherance of such their purpose, did
with force and in Gonfederated multitude
on the 9th day of January, 1895, and on
divers other days then following, in the
District of Honolulu, Island OF Oahu,
levy war against this Republic, aud did
commit murd~r, and other felonies, and
did provide themselves with arms, am
munition and dynamite with treasonous
purpose, and with intent to terrorize the
inhabitants of the city of Honolulu, and
for time overturn all government; and
WHEREAS, Upon being informed of
said rebellion the President in pursu-
ance of his constitutional authority, did
proclaim that martial law should obtain
and prevail throughout the island of
Oahu; and
WHEREAS, The military and police
forces of this Government, with tire loyal
cooperation of other residents of the Ha-
waIian Islands have arrested the spread
of this rebellion and have saved the lives
and property of law-abiding citizens from
imminent general sacrifice; and
WHEREAS, 1t is expedient that all per-
sons, who in good faith have acted for
the crushing of rebellion, should he IN
demnifed and kept harmless for such
their acts of 10, atty.
Be it enacted by the Executive and
Advisory Councils OF the Republic OF
Hawaii:
SECTION L, All proclamations and
orders published or made ant all acts
matters and things commanded, directed
or done, or to be com handed, di ected
or done by the Pre- d-nt, or by any
officer of the Cove nment, or other
person acting under the authority
of the Pr sident, for the pur-
poses and durIi the time herein de-
clared that Is t. say, on, from and since
January 6, 1895, uunl martial law shall
be declared TO be no longer in force,
whe her done in q district in which mar
tjal law was proclaimed or was in force
or done IN district in which martial
law was in force, in the proclamation or
furtherance of martial law, or in the
suppression of insurrection, or in the
establishment of a military tribunal,
or in the arrest, imprisonment, deporta
ton, tria, conviction or sentence OF any
person charged with treason, or with any
disloyal or seditious practice or act or
with any act or conspiracy dangerous to
the peace, or to the safe y OF life or prop
erty, or in the arrest and detention OF
persons held for investigation, are here
by declared to. have been done within
the constitutional au' hOrity of the Presi-
dent and are confirmed
Sections and are embodied in a
bill protecting the officers of the Gov
ernment or other persons acting under
them from individual suit for dam
ages.
In the bill preventing criminals and
deported political prisoners from re-
turning to the country the minimum
penalty of Section was stricken out.
All bills reported from the Judiciary
committee passed the second reading.
At 4 clock the Councils adjourned
to meet at 2 O'Clock. this afternoon.
I1cOenifO.
"And YOU say nobody took you for