The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-12

eminent. The same conditions pre-
vailed when diseased animals were de-
stroyed by the order of the government.
The owners received no compensation
from the government.
The second large lot of claims are
to come from the accidental burning of
Chinatown" continued Mr.. Robertson.
He did not think there could be any
dispute as to the legal phase of that
part of the situation. 'All persons
have right to kindle a fire for any
lawful purpose" said lie. IF through
an accident the fire spreads there is no
liability on the part of the person who
started the fire for the burning Of sur
rounding property. The buildings orig
inally set on fire on January 20 by
order of the Board of Health, were law
fully burned. They took precautions to
prevent the fire from spreading. I'm
| fortunately the fire ignited the steeple
of Kaumakapili and sparks were car
ried below and beyond. There being
no legal liability on the part of the
government for that damage, was one
reason why i could not see any use OF
Court of Claims to adjudicate the
legal liability of the government"
Must Go Carefully.
Fumigated goods that were destroyed
or made useless by the fault of the
| fumigators, he thought was cause for
good claim. He thought the govern
ment should pay in such cases. All
claims he thought could be more
economically settled by the Legislature
than by going through the form of sub
hitting them to a court to adjudicats
upon legal principles. The government
could not afford to indulge in indiscrim
mate payment of all claims. He die
not want to establish a precedent fol
consequential damages. Isenberg ask
ed why the government paid for dam
ages during the cholera epidemic-fol
buildings destroyed. Robertson replied
that he knew payment had been mad,
only for taro patches which were de
stroyed on account of bad water. HI
spoke in ardent words of the birth o
the new territory, and how 1t SHOULD
come into me union; not with a stont
tied around its neck such as the pay
ment of the claims would create, Blu
with a good sized treasury surplus T.
show the United States what a prom
Using Territory Hawaii was.
No substitute for the rules had beef
presented In that he considered tn
opposition to the Executive weak. hule
were absolutely necessary. If the op
position to the Executive wished to pu
their objections in a tangible form
they should prepare and lay down tn
principles of law and rules that woul'
J be necessary to govern the investiga
: ton OF the claims, even IL the matte
OF legal liability should be discarded.
r,+orAatad par.o.o cf;uo
"P. c. Jones has demanded that earl
payment of these CLAIMS should b
made" said the young attorney. II
} says the public demands it / am no
quite sure about that. There has bee
no general expression as far as | hav
} heard or ascertained. The request ha
come from interested parties. 1t
: those who can afford to stand the loss
who are making the greatest fuss. Tn
way to get an expression Of public opin
ion, is to wait until the legislature con
venes. 1t will certainly reflect tn
opinion OF the country.
II have no personal objection to
, these claims being paid IL the Legisla
: ture feels that the country is able
. afford it. The money is not in tn
treasury at the present time. 1t will b
for the treasury to say how the none
shall be raised.
ut seems to me the proper cours