The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-04-11
MS REVERSE ANAM TERRITORIAL BWM NOT REPLY OD9N COMMITTEE WORK MHH CAMP MUST CLOSE
DECISION CHAMBER COMMERCE.
THIS MORNING.
Resolution by Bolte Giving Chambers
Opinion Of McKinley's Telegram is
Showed Under.

The Chamber of Commerce this morn
! ing decided by unanimous vote not to
reply to President Doles letter in re-
| gard to the Court of Claims. A resolu-
! tion offered by Mr.. Bolte giving the
| Chambers opinion of the meaning of
! President McKinley's message author
izing the court was voted down. The
Chambers present position is that IT
will watch developments, and not speak
again in regard to the court unless an
unusual necessity arises.
! At the meeting this morning the sub
| tect was introduced by President Wal
ker, who read the reply of President
Dole to the Chambers note of last week
1 in regard to the Court of Claims
| Mr.. Bolte took the floor and moved
! that the letter be received and placed
on file He then said that there was
great difference of opinion between the
Government on one side and the COM
munity at large on the other as to the
duties of the Court of Claims, and the
meaning of the telegram of President
| Mckinley relating thereto. The COM
munity thinks there is no question of
| general liability; the Executive admits
only such liability as comes within the
laws, and proceeds accordingly. Here
the speaker read the message of Presi-
| dent Mckinley, as follows:
''T'he President approves the appoint
ment of the Court of Claims to consid-
er losses caused by the burning of Chi
natOwn, and to make awards and judg-
ments on such losses to be paid out of
appropriations made by the Council of
State in conformity with Hawaiian
law"
Mr.. Bolte went on to contend that the
latter part of the dispatch, saying, "in
conformity with Hawaiian laws" re-
ferred to appropriations to be made by
the Council of State, and had no refer
ence whatever to the composition or
proceedings or character of the court
He then offered a resolution giving ii as
the sense eof the Chamber of Commerce
that the clause referred to applied to
the manner of appropriating for losses
only.
| Mr.. Atherton said he did not know
how much farther the Chamber should
go into the matter 1t had expressed
it's oPtnion, and the Executive had re-
piled with their opinion. In talking
with eminent legal authority he had
4 found that the Executive could have,
and probably has already, the best of
the argument. There are laws Kidding
the Government of liability in certain
cases. The speaker judged that the
Executive had an eye to these things
in their plans. "I believe the Govern
ment is morally liable" continued Mr..
Atherton, land should pay, but when
it comes to the legal phase of the mat
ter / think there should be caution"
He went on to say that he would not
like to see the Chamber go ahead and
get itself in an embarrassing position.
To run against the snags apparently
in way of debating legal constructions
and conditions might mean to get
) burnt, and as one of them he did not
want to see the Chamber forced into
! such a position"
Mr.. Bolte replied that his resolution
did not approach the legal aspect of
! the controversy but was merely an
expression of the Chambers definition
of President McKinley's intentions.
f. ]. Lowrey thought the resolution
was unwise. The Executive were act
ing on their understanding of the situ-
alton and the instructions. The Cham
: Der had expressed it's opinion and re-
/, , ceived a reply, giving in detail the po-
sition of the Government. The mere
fact of the Chamber expressing a disa.
, greement from this view would do NJ
good.
F. A. Schaefer was of the same opin.
! ion. He was opposed to the Chamber
: further committing itself in the mat,
ter. The Council of State was now
handling it, and that was sufficient
President Walker said that the dan
ger of the Chamber committing itselt
, On legal technicalities was very appar
ent to him.
= e. c. Macfarlane said this was no
the time for extending the controversy
: The question might be taken up later
> If the necessity arose. The letter o
> President Dole called for no answer
, In fact the Chamber was not in posi-
: ton to answer 1t. The Council of Stat,
was dealing vigorously with the mat
ter and he thought the best thing thu
Chamber could do would be to stay ou
of it.
!. = Mr.. Lowrey moved to table the reso
I luton; Mr. Atherton seconded Reso
! luton tabled, all voting aye except MI
= Bolte.
a President Walker stated that Their
!, were many community subjects tina
might be discussed with interest ant
profit by the Chamber, For instance
, he himself had thought of the tendenc'
y of the newspapers to rather magnif!
. health reports. The other morning H.
saw in big black headlines the word
plague to Windward," or about that
The tendency of such startling an
nouncements would be TO unnecessaril!
: increase the difficulties Of the situation
q and he thought that great care shoul,
: be exercised in such matters. Their
n was no comment from the Chamber ol
- the matter, however. and the meeting
adjourned.