The Hawaiian gazette., 1900-04-20
MAINTAINS
HIS STAND
0ole's Reply In Claims
Court Matter.
ne ANSWERS THE COUNCIL
A Appropriation Of Twenty Five
thousand Dollars Voted for
The lncurabIe's Hospital.

TIE Executive Council yesterday
sAade reply to the action OF the Coun-
ell of State In regard to the Court OF
Claims appointments. II was known
beforehand that the reply would be
made public and the Councillors were
isterested In knowing the course OF
action Of the Executive Council In re-
card to Bolte'a resolution.
After the reading OF the reply was
eoncluded. there was silence for sew
craL seconds, when Councillor Doite
arose and asked President Dole II he
had not, on January 22. made O state
mont which appears on the minutes OF
tho Council OF State. that the Court OF
Claims should be composed Of business
men The President replied that at
that time he may have made the state
ment attributed to him, although he
did not remember clearly that he had.
Later, however. he felt that the diff
Aculles In regard to the scheme were
10 great that he found 1t better, as far
as he was concerned. to create a legal
court. II seems 10 him the larger pro-
portion should be lawyers"
But they are all lawyers" retorted
Bolte.
"Yes." said the President. after a
pause, that is true"
The report OF the Executive Council
Was as follows:
Executive Chamber,
Honolulu, II. l., April l8, 1900.
To the Council OF State: The Exec
ative Council reports upon the resoiu-
ton referred to 1t by the Council OF
0fsfo datod Anril 11fh fnl nwa
The Executive Council agrees with
the preamble of the resolution Of the
Council of State of April l1th and with
the first paragraph of the resolution,
which is as follows:
''That 1t is the sense of the Council
Of State that the Hawaiian Govern
ment should pay just claims for losses
caused by the action taken by the
Board OF Health In connection with
tho suppression OF the bubonic plague.
Il is, however. probable. judging
from the discussions which have taken
place In the Council of State on the
Court of Claims matter. that the un-
Aerstanding Of the Executive Council
as to the meaning Of the words "jus
claims" differs from that Of the ma
jority OF the Council of State.
Our view is that an authoritative
in accordance with Hawaiian law. A
legislature has the authority to ex-
tend the law. Neither the Executive
Council nor the Council OF State has
thls discretion.
In regard to inc second paragraph OF
the resolution, no reasons are set forth
why the present Commissioners Of the
Court of Claims should be dismissed
and new court be appointed. OF which
y majority shall consist OF impartial
men acquainted with the va.ues oi
property and merchandise"
The Executive Council requires that
all the members OF the Court shall be
impartial. AS to their being acquaint-
cd with values OF property. there seems
to be no good reason for changing the
practice and precedents OF all Hawaii
an courts. especially as nearly all the
property in question has been destroy
cd, and estimates OF losses must be
made from testimony of witnesses and
not from the examination OF goods
and buildings.
III the Court OF Claims was merely q
board Of appraisers to estimate the
value OF property by inspection, 1t
would be desirable to have experts on
the board. but as that Is not the case,
the greatest possible usefu. OF eX-
perts is reached by using them as wit
nesses.
The foregoing report was this day
adopted by the Executive Council.
KATE KELLEY,
Clerk Executive Cou2cil.
At yesterdays session there were
present President Dole, Ministers
MOtt-Smith, Young, and Damon. and
Councillors Isenberg. Achi, Ena. Alien.
Jones, Gear, Kane. Gonsa,ves. Robin
son and kaulukou.
A petition from Hawaii regarding
roads and expenditures thereon. and
requests for appropriations therefor.
was read by the secretary and referred
to the Minister OF Interior. The petit
tion is published elsewhere in this is
sue.
Incurables' Hospital.
The Hospital for Incurables will
receive subsidy from the Government.
action having been taken yes,eriiy In
the Council OF State. approprlating
$25.000 for that purpose. The subsidy
Is conditioned by an amended phrase
introduced by Councillor Allen, that
"slUO.UtO be raised by subscription on
the outside" When the item was first
introduced by Minister Young, the
question was referred 10 Attorney GEN.
eral Cooper for an opinion as to the
Legality OF the appropriation. As a re-
suit OF his report, the Council al that
tire did not deem It wise to pass the
Item.
Councillor Kau'ukou asked that the
rules be suspended In order that the
Item could be again Introduced. and
smoke strongly In favor OF the subsidy.
hr. Allen thought the subsidy was
very necessary on account OF the in
crease In the disease OF consumption
the mortality being much greater than
that occasloned by the plague epidem-
ie. Private citizens were going ahead
with the subscriptions and responding
ilberally for the endowment OF the hos
pital. and he thought the Government
should also contribute toward its sup
port.
Councillor Isenberg was not ready to