The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-05-04
.THE SENATE ELECTS COUNCILLORS Of STATE.

pldhtiSS VI lHe OONernIneul-lne IN
ecutive, the Legislative and the Judi
cial-and that it is the intent of that
instrument that the powers of these
three branches of government shall
be preserved distinct" in their differ
ent capacities. The Legislature has
/ the power to interfere with the poll
cy of the Executive, but in our opin-
ion it is unwise to do so unless the
course being pursued by them is
manifestly unjust, or is against the
public interests.
The Legislature has also been call
ed upon in the past to settle claims
in cases where Government officials
have incurred obligations or expendi-
lures on account of the Government
that were unauthorized by law and
where certain parties would unjustly
suffer loss unless the Legislature au-
| thorized the settlement of the claims
| There has been claims of this sort
arising from unauthorized expendi-
lures by Government officials that It
! has been right and proper for the Leg
islature to settle, as they were cases
that lacked the authority of law and
for that reason could not be settled
by the courts.
But this is not true of the case now
on trial between the Minister of the
| Interior and the Oahu Railway and
Land Company, for this Company has
the advantage in going to court of
being backed up by laws which grant
liberal rights and privileges.
Moreover, the Minister of the Inte-
rior has full authority under the
Railroad Acts to sell or grant to the
Railway Company the land or water
front that the bill before us proposes
that the Legislature shall grant to the
said company. In the opinion of the
committee the construction of these
laws should be left to the courts II
decide.
1t being case. then, that is fully
and amply covered by law. and a case
that is now actually pending in the
courts, it does not seem to your com.
mittee that it would be right or prop.
er for the Legislature to interfere
with the course of the Executive in
the premises, by passing the act be.
fore us.
We therefore recommend that the
bill be laid on the table.
As soon as the Supreme Court de-
cides whether the Government under
the agreement between it and the
Railway Company can take back thi.
land the Government will know wha+
TO recommend relative to harbor ant
wharf plans.
If the case is decided in favor Of
the Railway Company, and the Gov
ernment decides to obtain this whar
property, large appropriation will
be required to enable the Government
to acquire by condemnation proceed
ings this land and other land of tn,
Company in its rear.
honolulu harbor is so limited tina
your committee wish to express will
emphasis our view that the Govern
ment should obtain and retain con
troll of all the water front possible il
the harbor, for it seems plain to III
that in the near future it will be nee
essary to expend much larger sum
of money for developing the whar
capacity of the harbor than any indi
: vidual, company or corporation, woulc
be ready to spend for that purpose.
Senator Ilolsten read the report o
the Senate committee which recentl
visited Molokai. In part the commit
. tee says:
'The question of paramount impor
tance to the inmates of the settlemen
is that of water and wood. The Sen
ate has considered and passed an aI
. preparation of $4,000 for new waite
pipes for Kalaupapa, which appear
in the Loan Bill, which is hoped to b
ample for the reconstruction of ney
mains to the lower settlement. TIL
Board of health will make arrange
= ments for II permanent supply o
wood.
"The afflicted ones ask the follow
, ing
"That their ratioHs of -four brea
and rice be placed upon the basis O
"A money valuation.
THAT ava and opium be allowed I
;. those formerly in the habit of usin
them.
, "That the mail carriers salary b
raised from $500 to $4,000.
"That quart of kerosene be allow
y ed to each person.
. "That in litigation a right of appea
to the Circuit Courts be given then