The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-24
COUNCIL
CENSURES
CABINET
Its Last Resolution Was
Planned as a coup
d'Etat.
ADJOURNMENT SINE DIE
Court Of Claims Matter Will be
Brought to President Nc
kinIeys Attention.
ADJOURNMENT SINE DIE

The Council of state has adjourned
sine die. The motion which practically
ended the inn ortant labor5 OF the only
legislative body lef, % the Republic of
Hawaii, was put Ivy President Dole at
exactly 1886 p. m. yesterday and i'm
mediately adopted. Until a Legislature
is brought together under the Governor
of the Territory OF Hawai-. yesterdays
adjournment doubtless marks the clos
ing scenes of legislative Hawaii unless
a special call should be made.
The principal event Of yesterday pro-
ceedings was the passage Of the caucus
resolution signed by thirteen members
Of the Council OF State censuring the
Executive Council for refusing 20 accept
tie advice of the Council Of State, the
Chamber OF Commerce ana the Orien-
tails assembled in mass meeting. with
regard 90 the formation OF the Court OF
Claims. When President Dole called
for resolutions ir the regular order OF
business. 7. G. Jones arose. and i'm be-
half OF his fellow councillors read the
following resolution as signed by all
but one Of their number:
Honolulu. April 20. 1900
Whereas the records OF the Council
of State show that on January 22d. 1900.
President Dole announced 10 the Coun-
ell Of State: that he would ask Pres
ident Mckinley TO approve of the ap-
pointment of a Court OF Claims in con-
nection with the fire OF January 10Th.
1900. and that such Court should con-
sist mostly Of business men. and
Mnereas. on April %. 1900. such "A
Court OF Claims was appointed by the
Executive Of the Government. which
Court had five members all OF whom
were lawyers. and who were 70 conduct
the proceedings OF the Court under the
following rules thereby making such
a Court a Court to consider primarily
the legality of claims rather than their
justice and merit:
Here Mr.. Dole's executive order Is
given in full.
Whereas. on April %, 1900. such a
commended by the Executive. appro-
pTiatinE funds Tor the carrying on of
said Court. was laid on the table by a
State. which action met with unquali-
fed endorsement of the citizens and
residents of the Republic Of Hawaii.
and
Whereas on April nth the Council OF
State adopted the following resolution,
after the whole of the correspondence.
between Che Executive Of Hawaii and
President Mckinley. referring 10 this
matter. had been laid before IL:
Here the Bolte resolution asking for
a new court is quoted.
Whereas the Executive Council re-
ported on this resolution on April Sth,
as follows:
The Executives reply 20 Mr. Bolte's
resolution is quoted in full.
Whereas it appears from the above.
as well as from the correspondence
with President Mckinley and from the
long time elapsed between the receipt
OF the authorization from President
Mckinley and the appointment of the
Court. that the Executive has changed
its mind and is now trying to eyade the
responsibility assumed by il on Janu-
airy 22d. 1900. therefore be IL
Resolved by the Council OF State.
First That the Interpretation by the
Executive Council Of the words just
claims" by the statement that AN
authoritative recognition Of claim as
Just must be i'm accordance with the
Hawaiian law" would be correct in
depreciation IL the worGs had been "le-
gal claims but as the words used
by the Council Of State In the resolu-
nf Anpf1 tHfftgF ola o.
there is no such ambiguity of meaning
as the Executive Council has tried 20
force upon these words. The inter
probation Of the Council OF State OF
the words Just claims" is: claims
which are true. accurate and equi-
table" This Interpretation means that
every claim should be considered on
its merits and no claim thrown out on
strictly legal or technical grounds. fol-
lowing out the principle that all prop
erty destroyed by the Government for
the public good should be paid for by
the Government. This principle has
been followed out by other govern
ments as well as the Hawaiian Govern
ment in similar cases. viz: Payments
during the last twelve months by the
Governments OF Hongkong and Cairo
OF all damage done in the suppression
OF the bubonic plague. and payment
three years ago by the Hawaiian Gov
eminent of all damage done by the ac-
ton of the Board Of Health I'm the sup
preston Of the epidemic of cholera.
Second That. as the Executive
states. that no reasons are set forth by
the Council OF State why the present
commissioners of the Court Of Claims
should be dismissed and a new Court
be appointed and as the Executive
give as reason for the maintaining Of
the present Court of Claims. consisting
Of five lawyers. that the practice and
precedence OF all Hawaiian Courts
must be upheld: that II is the sense OF
the Council Of State that the very rea-
son that the practice and precedent Of
all Hawaiian courts must be upheld is
the reason why the Court OF Claims
should consist of business men, as 81
Is the understanding of the Council OF
State that all questions Of fact are de-