The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-02

HONOLULU, AND TO MAKE
AWARDS AND JUDGMENTS on
SUCH LOSSES.
The Court OF Commissioners to take
evidence of losses caused by the burn
Ing of Chinatown in Honolulu and to
make awards and judgments on such
losses shall consist OF a presiding
member and four associate members,
/ as hereinafter appointed. Each of the
/ Commissioners shall take an oath TO
support the Constitution OF the United
States and of the Republic OF Hawaii
and to discharge faithfully the duties
Of his office.
The Court ehall have a seal with
such device as is presiding officer may
order.
The establishment of the said Court is
not to be taken as an admission OF the
/ existence of any liability on the part
/ of the Government, but the question
whether or not liability exists for the
/ ,osSes in question is in each case TO be
/ decided by the Court.
Such Court being created for the
sole object of hearing and adjudicating
claims against the Government based
upon the losses caused by the burning
( of Chinatown. has exclusive jurisdic-
ton in the premises; and such new
class of claims being referred only to
the arbitrament Of a court specially
created therefor. no right of appeal ex-
lists from its decisions, which are there
fore final.
The Court is authorized to entertain
claims for actual losses OF property
only. and claims for speculative or con-
sequcntial damages, or for rents, loss
OF the use or occupation OF property, or
less Of profits through the interruption
Of business, will not be considered
4 majority OF the Commissioners
shall constitute a quorum and may hold
Court for the transaction OF business,
but all final judgments. as well as in
terlocutory rulings. must be concurred
in by three Commissioners.
The Court shall have power to ap-
point a clerk, whose duty It shall be
to keep a record OF all claims filed, pro-
ceedings had thereon and the final
judgment entered by the Court and 20
receive all moneys paid into Court. who
shall give a bond in the sum of $1,000
10 the Minister OF Finance for the
faithful accounting thereof, to be APP
proved as to suretles by the said Min
ister, and who may administer oaths
and affirmations.
The Court shall have authority to
employ one or more stenographers and
such Interpreters as may be necessary,
and all evidence transcribed from the
notes taken by said -stenographers
shall be considered the final record.
subject to correction, OF evidence taken
on each claim. 1t may also appoint a
! bliliff and janitor.
In case Of a vacancy in the Court the
= same shall be filled by the President of
, The Republic of Hawaii by a new APP
pointment. and in case any Commits
sioner is unable to sit at any time for
J causes. as applicable to judges Of the
j Circuit Courts, and the presence of such
, Commissioner is necessary to constl-
tute a quorum of the Court, his place
shall in like manner be temporarily fill
!. cd, and the person so appointed shall
: receive the compensation due to the
position during the time he so acts.
I The Court shall have power to make
. rules for the conduct of the work be-
J fore it within the scope OF its author
ity.
The Commissioners may administer
oaths and affrmations.
The Court shall have jurisdiction 10
hear and determine all claims founded
upon actual losses caused by the burn
ing of Chinatown in Honolulu, which
: are filed before the LIST day of June
4. ID. 1900, according TO the general
principles of law applicable to Hawaii
an courts, except as the same may be
modified by the provisions OF this or
, der.
The said Court shall sit in Honolu-
: In, holding one session, which shall be
! opened as soon as practicable after the
= publication OF this order, and public
notice shall be given OF the time and
place OF converting. The said session
shall continue as long "a may be nee
= essary for the prompt disposition of the
= business OF the Court, provided thai
e brief adjournments may be made from
. time TO time.
? The said Commissioners and the Off.
= GERS and employees OF the said Court
2 shall be entitled 70 receive such pay as
may be provided by the Council oi
q State.
No person shall file or prosecute in
. the Court OF Claims any claim for OF
in respect Of which he or any assignee
: Of his has pending in any other Court
or before any Department in Washing
ton, before the Congress Of the United
e States, or the Legislature OF Hawaii
n INV suit nrocess plea or petftion with