The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-04-07
ANSWERS PROTEST OF CHAMBER
OF COMMERCE..
Tells why He Appointed Lawyers on
the Court of Claims, and What is Elk
pected of the Court.

President Doles letter of yesterday
to the Chamber of Commerce starts off
by reciting the principal points in the
latter's protest against the Court of
Claims, and concludes as follows:
The regular court for the adjudca-
ton of claims against the Government
is the Supreme Court civil Laws, Sec
ton 1890.
On account of the great mass of work
which the investigation and adjudica-
ton of the Chinatown losses must
necessarily involve, which would seri-
ously interfere with the regular judicial
work of the Supreme Court, it was
deemed advisable to apply to President
Mckinley for authority to create a
special court for that purpose.
There is reason to believe that the
idea that the body authorized by Pre-
sident Mckinley for the investigation
and adjudication of Chinatown losses
was to be merely board of appraisers,
or of arbitration, to estimate the
amount of such losses and report their
conclusions to the Council of State.
The action of the Chamber of Com
merce, as well as that of the Chinese
and Japanese residents who have ask
ed to be represented on such board,
tends to confirm this superstition But
inasmuch as the dispatch from the
Federal Executive conveying the auth
GRITTY for the appointment of a body of
persons to investigate such losses pro-
vides that such body may make iudg
ments to be paid out of appropriations
made by the Council of State. it fol-
lows that the intention of the dispatch
was that a court of law be created
which should adjudicate claims for
losses upon the principles of law APP
plicable thereto.
1t is obvious that the dispatch in
1. II.
based on tort against the Government,
a class of claims not recognized by the
Hawaiian statutes as admissible. Be
You'd this exception no construction of
the dispatch can authorize the EXecu
tive to permit the waiver of any rule or
principle of Hawaiian law.
AS it is evident that each claim pre-
sented for trial will raise questions of
law as well as questions of fact, it was
my duty, under my oath of office, to
provide a court which should as far as
possible be competent to conduct the
trial of all claims that might be sub
mitted to it, according to the legal
principles applicable to all Hawaiian
courts of law. This requirement, how
ever would not necessarily preclude
the admission of one or two laymen.
If these views are correct, I fail to
see the significance of the protests en-
bodied in the resolution of the Cham
her of Commerce, for if the authority
given by President Mckinley requires
court of law that shall adjudicate the
claims presented, according to legal
principles, no one can ask more than
that the Court shall be competent and
impartial Anglo-SaXon legislation has
for centuries endeaVored to eliminate
the principle of representation from
courts and jurics in the interest of JUS
tice. The principle of representation
does not apply any more to the Court
of Claims than it applies to the Sup
RENE Court or other courts of the coun-
try.
AS to the question of laymen on the
Court, there are no goods or other prop
erty in sight to be appraised; estimates
of losses must be made upon evidence
alone.
Recognizing fully the right of criti-
cism, I desire to acknowledge the cour-
teous language of your resolution of
protest.
I am, very sincerely, yours,
SANFORD b. DOLE.