The Hawaiian gazette., 1900-04-10

tuHFnIH were 1Nf nInfnI frf ON" fNHl
thoIe would be = rlll from all utoI
fha islands fur sim iaf appointments
There Wnr t521UlG nt thp Hlsposni ~
tio Minister 0f financo for road lm.
nfuyrmfr'i ard ho f,'i that ought io b.
ufnripn
rpon motion the tcms wcre inserted
and passed.
Letters 20 Washington.
Jones asked Tor the correspondence
between President Dole and President
Mckinley. Minister MOtt-smitn tnen
read tne letter Of Presiuent Dole TO
President .dcKinley dated January 23d.
The letter detailed the history Of the
Chinatown FIRE Of January 2Utn, stating
that before the accident, the Board Of
Health intended burning Chinatown by
sections The people were rendered
homeless and were quarantined In
camps. He felt IL was time TO provide
machinery for the settling of claims
which might be presented for los es and
to appropriate funds for relief, etc.
The Executive Councn voted that the
President write to President Mckinley
for authority to appoint Court Of
Claims consisting OF five persons and
that the. local government be authorized
to spend $4,000 in payment OF these
claims when adjudicated.
In answer to this letter, 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 to 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"
A letter signed by Secretary Hay,
the telegram was received
later.
This comprises all the correspond
ence, except a 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 to 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 the
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 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 was
the Supreme Court of our country, but
its authority was limited; it had no
authority to try any cases of tort. A
tribunal to adjudicate any legal claim
which any individual might have,
seemed a necessity. 1t was not
thought wise to ask that the jurisdic-
tion 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 can
readily observe that the reply which
we received from the President was
not a complete one, but so far as it did
go, the President was authorized to
act on the authority given.
There was certainly authority for
the establishment of the Court of
Claims to adjudicate upon these losses
and for the expressed rules and enun-
ciated principles set forth in the order
of President Dole lately published.
The United States gives it exclusive
jurisdiction, and it Is the only court
which can try these claims. The Legis-
lature may review, to a certain extent,
the final judgment of this Court.
take it that when the claims are pre-
sented to the Court of Claims that one
or two test cases will decide a large
of cases. If all the cases are
presented to the Court it will take a
long time to decide them. 1t looks to
me as If 1t was large contract. The
Finance Committee suggests that the
may sit without pay. l
doubt very much If any body OF gentle
men will sit all day and perhaps half
the nights deciding claims. with no
''As to the personnel of the Court of
Claims. 1t seems to me that the ques-
lIOHS btiOIe lut NOuTJ VIII We uueS-
tions of law, and quite hard ones for
others than lawyers to answer. The
claims will need a careful scrutiny.
think the appointment of court of
lawyers was sound thing under the
circumstances.
1.-The proclamation OF President
Dole limits these cases to the legal re-
;ponsibility of the Government. They
ire to be governed In their decisions
by established principles Of law. The
main point at issue is not the question
If the value of the claims, but 1t Is a
question of the legal responsibility of
he Government which must be decid-
ID"
A Few Questions.
Jones: "Supposing now that 1t Is
'ound by this Court OF Claims that the
Board of Health has acted legally all
-he way through. Is it the policy OF the
Government to refuse all claims. or
any claims?"
Cooper: THAT is the limit of the
Court"
Jones: Il ask what Is the policy OF
he Executive Council? If it is found