Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-04-14

NEW Wei ana pump BSrPJlnla Stlett
amended and passed at $4,000.
Minister Young said ths;e was {
pump here which could he used ant
while not the best would do good work
1t could be installed and run for tie
coming year and half for $4,000. TIL,
cost of the pump was $4,000 and 1t.
capacity was 100000 gallons ever!
twenty-four hours.
Andrew Brown, of the water works
explained the Honolulu water system
from large map. He answered nuos
lions put to him by Council Jrs ant
showed wherein the new pump was ar
immediate necessity. The Beretunit
street pumps must be relieved. He JIG
think the boring of new wells was the
cause Of shortage of water in artesiar
wells. The proposed pump woult
raise water $50 feet and there was Q
spare boiler to furnish steam. The new
pump could be put in operation in six
weeks from today and was guaran-
teed to do good work.
| Endowment for Incurable hospital
OF $4,000. Moved by Mr.. Allen tina;
$4,000 be given as a subsidy wnen
| 100000 endowment had been raised
] MFR. Jones raised the question of le-
| gality of such an appropriation and
| moved that It be referred TO The Attoi-
| ney General to report. Carried.
Appropriation of $4,000 for Royal
school passed.
CALL FOR NEW COlTaT.
The order of the lay In the Council
Of State Wednesday was Mr.. Achi's
Court of Claims resolution as ameEd
ed.
Mr.. Bolte offered the following sub
stitute resolution:
Honolulu, April IL, 1900.
Whereas. the message of Secretary
Hay to President Dole reads as fol-
lows:
The President approves the appoint
ment Of the Court If Claims to con-
slider losses caused by the burning of
Chinatown and to make awards and
judgments on such losses to be paid out
of appropriations made by the Coun-
Gil of State in conformity with Hawa-
liam law; and.
Whereas, it is the opinion of the
Council of State that above words
mean that President Mckinley ap.
proves of the appointment of n Court
of Claims; that the Court OF Claims
Is to consider losses caused by the
burning OF Chinatown, and to make
awards and judgments on such losses;
that the Council of State is to appro-
pirate money, in conformity with Ia
waiian laws, for the purpose Of pay
ing awards and Judgments made by the
Court of Claims; therefore be 1t
Resolved, That 1t is the sense of the
Council Of State that the Hawaiian
Government should pay just claims for
losses caused by the action taken by
the Board Of Health In connection with
the suppression of the bubonic plague;
Further, That the Council OF State
most earnestly advise the Executive
Council to appoint q new Court of
Claims of five members. a majority o.
whom shall consist of impartial men
and merchandise.
titute resolution, which was seconded
by Mr.. Isenberg. AZ follows:
Resolved. That 1t Is the sense of the
Council Of State that tho Executive
Council reconsider the appointiaGni Of
the Court Of Glann,, and the rules
regulating the same.
Mr.. Kane Thought the substitutes
were the same of the original and were
useless.
Mr.. Robertson thought the Court Of
Claims and all the resolutions were out
of order since first the mattsr was laid
on the table. He did not agree with
the Executive or Council or Chamber
Of Commerce. There were only two
ways proposed: to pay only those
claims for which the Government was
legally liable or to pay all claims. de-
manded by the Chamber Of Commerce.
He did not think the question: Of ie-
gal liability could be submitted to any
Court of Claims. He based his opinion
on English common law and statute
law as well. The right was inherent
to abolish nuisance. This was
as far as the Board OF Health
had gone in stamping out bubonic
plague and hence there could not be
Legal claim against the Government.
This principle had been long establish
ed. Animals were oftea destroyed
without compensation. rho cases Of
accidental burning in Chinatown he
thought lawful because the original
fires lighted were lawful. 1t was a
legal liability devolving on the Board
or Government. He could see no rea-
son for Court of Claims.
There were other cases where goods
had been spoiled by iumigation, or de-
stroyed personally. or lost it-ih
such cases the loss should be repaired.
These cases. however, were few and
could be settled best by the I.egisla-
ture. He was also opposed TO the in
discriminate payment of claims for
losses. He did not think the payment
OF the poor or needy should be turned
into sentiment and control the situa.
ton. He then went over the GROUND
Of Wednesdays discussion in Gotail,
pointing out where he disagreed with
Councillors.
He did not agre" with either Ieso-
luton or the substitutes offered and
thought the opposition TO the Govern
Il. = a A.. III