The Hawaiian gazette., 1900-04-13

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I .Iam b. purely military Point ui frw
/ Dot f4mH mIn nEHl rHN altHmtH
I hf fhr flpls Nf Wrp nkIBE fHtu
sore hicFai ile flri tn prevent %.
De same gentleman, when SHE
I Span sh American War broke UH' Die
| "a columns uf The newspapers Wth ar
/ lclos on treaties nud our dnty BE- a
aputral Government. Otr 90 RhuN that
sc had no right 90 enter into the az.
airs OF the United States thank
YOU gentlemen who had IN nerve TO
tand by the Government" ZAP
plause)
Now We come 20 this matter OF
,laims appointments. There j. no
question about our moral responsible
~. ! say, meet IL like men. ana put
IN that Court OF Clnims men who have
ONE idea OF values. ! have no per-
,onal feeling against any man In the
present Court. but when II is asserted
acre that they stand only for the legal
responsibility OF the Government. II Is
line to make a change in them. II
hat is TO be the policy OF the Govern
nent, then | will never give my vote
% take that bill of the table"
As Jones sat down and wiped his
face, another storm Of applause greet
ID his words, and the Councillor looked
,olumes of thanks when the Exec
itive Council is ready to look at the
moral liability as well as the lega OBJ
igation of the Government" he said
rom his seat, II am sure you Will lind
ha (fDnnnilnru In N mn 10, sal
hat bill from the table"
President Doe at this stage OF the
proceedings interposed in favor of Dr.
Wood, who signifed his willingness
o address the Council on the subject
Of filtered water and the alarming
prevalence of typhoid fever in Homo
.ulu, caused by bad water. His ad-
iress appears elsewhere.
L ISIS of Rents.
Upon the conclusion of DR.. Woods |
AK, Councillor Jones again took the |
,loor, and stated his disapproval OF the |
clause in the rules, which says no loss
4 rents will be considered by the Court |
If Claims. He contended that this
would be hardship on those who yet
lave to pay rents on their leasehods |
IN order to retain them, despite the
iact that the Board of Health has ,enc-
I'd in all the property. This he felt |
was unfair and unjust.
Minister Cooper next took up the de- |
bate. He said that the remarks Of Mr.. |
Jones were rather pointed. There was
still misunderstanding as to the |
power of the Executive. The Cabinet |
nad no power to change the laws or |
general principles of law. He thought
the criticism of the Executives ru.es
and appointments came from the idea
that the Government had the power to
change them at will. He was sure that
The Executive was as certain of the po-
sition the Executive Council had TAX
en- as the Council of State felt it was
entirely wrong. The establishment Of
he Claims Court was to provide
Court by special act to have jurisdic-
Ion over claims of tort. The general
principles of law, he asserted, would
govern in the adjudication of the
claims :
The Court of Claims, in his opinion
md that of the Executive Council, was
or the purpose of ascertaining the le-
gal liability of the Government. This
vas his first and last contention.
Don't accuse us of doing anything
wrong. We have done what we con-
ider Is right. We have as warm
learts in our bodies as you have" he
aid. I'VE have gone to the extreme
INIT OF our authority, and we have I
one all that We thought could be done
Inder the circumstances"
Questions came from various mem
ers, but the Attorney General warded
hem off ny saying he was not prepared
0 pass his opinion offhanded on points :
4 law
Mott-Smith Takes Hand.
The Minister of Foreign Affairs de-
lred to state his position clearly with
elation to the governments respon- ,
Utility. Examples had been cited as to
what was done in the cholera epidemic
nut the question under consideration
t the present time was an entirely DIFF
erent matter. The local government
vas now responsible for it's acts to
President Mckinley and consideration
hould be had for him. Mckinley had
,iven the order which called into ex-
stence the Council of State. The Pres
dent had approved of the appointment
II five persons for the Court of Claims,
nd to make rules "in conformity with
he Hawaiian law" He placed the
anne construction on the telegram as
he others of the cabinet, and he did
ot think there was anything in the
xecutive order of President Dole that
vas intended to deprive claimants of
heir right to apply to the legislature
they so desired.
Achi tried to pin the Minister down
D the statement that the government
'as certain it was not legally RESPONSE
lie for the losses, but the latter said
e would pass no opinion as to the la
ility of the government. Words were
andied between the two gentlemen in :
hitch Mr.. Kane Joined, and matters
egan to get tangled when President .
'ole interposed with the remark that
ne executive order was his, and he was :
lore familiar with it's reading. He
aid any man could go before the legis-
lture and that body would then be
he sole judge of the merits of his ,
aim.
Achi thought the reading OF the
SiHpnts1 ta1 ali