The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-07

nau Deen inquired up anew. and moved
that the bill be referred TO the Finance
Committee for that purpose. The com
mittee will give its attention TO this
work this morning.
Kane moved that the Pendergast
claims. amounting to s2s5.75 be taken
up. Passed.
Bolte moved that two lines be in
serted as lines Isl and 152. Act 2. for
the appointment OF cantoneers. one for
the Pail road at the summit at $500,
and two for the road leading TO Schaef
fer's at slii0. Gear thought IL can
toneers were appointed for one road.
there would be a call from all over
the islands for similar appointments.
There was 1927 900 at the disposal of
the Minister of Finance for road Inn
provements and he felt that ought 10 b,
sufficient.
Upon motion. the items were inserted
and passed.
Letters to Washington.
Jones asked for the correspondence
between President Dole and President
Mckinley. Minister Mott-Smith then
read the letter of President Dole to
President sicKinley dated January odd
The letter detailed the history OF the
Chinatown fire of January 20tn, stating
that before the accident, the Board of
Health intended burning Chinatown by
sections. The people were rendered
homeless and were quarantined In
camps. lie felt IL was time 20 provide
machinery for the settling OF claims
which might be presented for losses and
to appropriate funds for relief. etc
The Executive Councn voted that the
President write to President Mckinley
for authority TO appoint a Court of
Claims consisting OF FIVE persons and
that the local government be authorized
to spend 100000 In payment OF these
claims when adjudicated.
In answer TO this letter. a telegram
was received from Secretary Hay. dated
Washington, February 9th. addressed
to President Dole, stating. the Pres
ident approves the appointment OF the
Court of Claims 10 consider losses caus-
ed by the burning OF Chinatown. and
to make awards and judgments on such
losses to be paid out OF appropriations
made by the Council OF State in con-
formity with the Hawaiian laws"
letter. signed by Secretary Hay.
confirming the telegram was received
later.
This comprises all the correspond
ence. except subsequent letter which
was sent asking for enlargement OF the
powers Of the Court OF Claims"
Jones Asks Questions.
Councillor Jones referred to an open
letter OF Councillor Robertson in an
evening paper. and referred to the au-
thor as the paid attorney OF the Court
of Claims Jones asked what was the
policy of the Executive in regard 10 the
Court OF Claims appointments and pow
ers, and the payment or settlement OF
these claims.
Robertson denied he WAS In the EN-.
ploy OF the Court of Claims, but on the
contrary was the attorney for the Board
of Health.
President Dole: The policy OF tn,
government is to pay all legal claims
Cooper: II think much OF the dis
cussion on the streets and In the news
papers has been at variance with the
! real facts, on account OF a misunder.
standing. At the time OF the fire In
| Chinatown there was absolutely No
redress for anyone who had suffered
| by the action OF the Board OF Health
! The only Court OF Claims then wa
the Supreme Court OF our country. but
its authority was limited; IL had nc
authority to try any cases OF tort.
| tribunal TO adjudicate any legal claim
which any individual might have
seemed a necessity. II was no
thought wise to ask that the jurisdic
ton OF the Supreme or Circuit Courts
! be extended TO take In these claims
| That gave rise TO the first suggestion
OF Court OF Claims TO be established
/ for this express purpose. You car
/ readily observe that the reply which
/ we received from the President wai
not a complete one. but so far as IL die
/ go, the President was authorized e
act on the authority given.
There was certainly authority FOL
/ the establishment OF the Court al
/ Claims to adiudicate upon these losses
and for the expressed rules and enun'
ciated principles set forth In the order
OF President Dole lately published.
The Court II to be governed by tn,
principles OF law. IL Is not a court OF
arbitration: nor is II for the purpos,
of distributing money but simply 70
determine upon the legal status OF
any claims which any person may hav,
against the Government, precisely AT
the Supreme Court would have done.
II is a body to determine the legal re.
sponsibility OF the Government. That
Is the way / have understood II. The
general impression is that IL H. a court
OF arbitration or a commission for the
purpose of paying everyone who ! osl
property by the fires. But the CUES.
ton Is how much? That IL erroneous
The Court Is constituted only TO ascer-
tain the legal responsibility OF the
Government. The principal questions
are not as to the value of the property
destroyed. but to the application OF the
law. The question of law IL to be
whether the Government shall pay for
buildings in which plague occurred
and on buildings contiguous.
The United States gives IL exclusive
Jurisdiction, and IL is the only court
which can try these claims. The Legis-
lature may review, 10 a certain extent
the final Judgment OF this Court.
take IL that when the claims are pre-
sented to the Court OF Claims that one
or two test cases will decide large
number OF cases. If all the cases are
presented to the Court 1t will taae a
long time to decide them. IL looks 70
me as IL IL was a large contract. The
Finance Committee suggests that the
commission may sit without pay.
doubt very much II any body OF gentle