The Hawaiian gazette., 1900-04-13
sS . 8. 8. .. %. :. ..:.a..u$S

The Council Of State gained its point
against the Executive Council yester-
day when it adopted the resolution of
Counci.or Bo.te. His resolution calls
Cor a complete revision of the rules of
&he Court of Claims and the appoint
ment OF impartial men" to serve
thereon. he council waded through
u Two houIs' deDa.e upon Councillor
Achis resolution and several amend
meats, and hnahy concluded that Boz
ties subs dilute met It's requirements.
The only defense made of the position
taken by the Executive Council was
by Councillor Robertson, WAC used al
ELust me same arguments as Attorney
General cooper. The former ar
Eaigned those OF his brother councillors
ShO Asserted the moral responsibility
0f the Government TOR the losses oc-
curing uurIug the plague, and said he
did NOT believe chat the pubic in gem
@ral had any desire to pay the claim
ants tor losses arising from the acct
dental fire OF January 20.
Councl.or Jones WAS aggressive In
his defense OF lAe sand Oh a majority
OF the Councillors, and proposed 40 re.
ZuaIu by his guns until the matter was
Settled The Councillor looked pIaclu
Through the lengthy speech OF RUDert-
Gun, but when the latter stated he had
beard Mr.. Jones say in private or on
abe tiOOr OF the Council some time ago
that he CHR. jones' did not think the
&ONernmeAt was Jusuned in paying tor
any loss oCcasioned by the accidental
couhagration OF the 10th of January,
td1uclIor Jones arose to his feet and
q 1 81.
ed that he had certainly heard or I'M
GerstoCd Jones to make such a re-
mark, which the Councillor repudiatGu
E.th an indignation that caused him
60 take a hama in the DEBATE. Ais IN
u large measure had the effect of bring
ing about a vote on the BO.te suOsu-
TUE resolution in short order.
Robertson Takes I.sle.
RubegtsOn's argument conveyed the
impression that he was neutral IN his
cplnlCn OF the ideas expressed by the
Executive Council on the one side and
the Council OF State on the oIner. lie
o3ii there were TWO ways in which the
claims could be handled; either 10 pay
only such claims as the Government
was legally liable for or 10 pay All the
claims irrespective OF any legal liabll-
ny. The Government had taken theI
farmer view and advocated the policy
The Chamber of Commerce had urged
that all Gains should be paid whether
the Government was liable for them
or not. When he first heard the Exec
0tiye was considering the question OF
appointing Court of Claims upon the
Lines originally Planned, he had taken
the liberty to giving his views to the
Executive, and opposing the appoint
ment OF Court. He based his opin-
Ann as to legal liability upon the COM
r.en law OF England and OF the United
States.
The Board OF Health, as the guard |
Aan OF the public health, undoubtedly |
mad the right, under the Hawaiian |
statutes" said he, ITO summarlly abate |
nuisance, That power gave the poard |
the right to destroy and remove my |
nlth or cause Of sickness. That IN
eiuded the right to destroy any source |
ar Infection in time OF epidemic.
knowing that large part OF Honolulu |
WAS Infected with bubonic plague the |
Board had the right to stamp II out, |
using the most radical measures to re-
move the source. The Board having |