The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-04-19

7 | HIS STAND
.es Reply In Claims
E Court Matter.
HlAlSWERS THE COUNCIL
Anti Appropriation Of twenty : Five
Thousand Dollars Voted for
1.-THE IncurabIe's Hospital.

ThS yExecutive Council yesterday
madesrtply to the action of the ,Coun-
Gil Of tate in regard to the Court OF
Claims nrBjappointments. 1t was known
beforehand that the reply would be
made public and the Councillors were
Interested in knowing the course of
action OF the. Executive Council in re-
gard ID Bolte's resolution.
After the reading fof the reply was
concluded, there was silence for sew
eral seconds:swhen- Councillor Dolte
arose ana asked President Dole IL he
had NOT on January %, made a state
lent which appears on the minutes of
he Co4Beil Of State, that the Court Of
Claims should be composed OF business
men. fhe President replied that at
that time he may have made the states
ment attributed to him, although he
did not Remember clearly that he had.
Later, however, he felt that "the diff
dculties In regard to the scheme were
80 great that he found 1t better, as far
as he was concerned, to create a legal
court. II seems to him the larger pro-.
portion should be lawyers"
"Rut they are all lawyers" retprted
Bolre.
"Yes.", said /. the Presiden.. after a
pause, that Is true"
The refort of the Executive Council
was as follows:
Executive Chamber,
Honolulu, II. l., April IS, 1900.
To the Council OF State: The Exec
ltive Council reports upon the resolu-
ion referred to it by the Council OF
State, dated April 11th, as follows.
The Executive Council agrees with
The preamble of the resolution OF the
Council of State of April 11th 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
The suppression of the bubonic plague
1t 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-
ierstanding of the Executive Councii
as to the meaning Of the words Just
claims" differs from that Of the ma
jority of the Council of State.
Our view Is that an authoritative
| recognition of claim as Just must be
in accordance with Hawaiian law. A
! legislature has the authority to ex-
iend the law. Neither the Executive
Council nor the Council of State has
this discretion.
In regard to the second paragraph of
| the resolution, no reasons are set forth
| why the present Commissioners Of the
Court of Claims should be dismissed,
| and a new court be appointed. of which
majority "shall consist of impartial
men acquainted with the vaIues of
property and merchandise"
The Executive Couacii requires that
all the members of the Court shall be
| impartial. AS to their being acquaint-
ed with values of property, there seems
20 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
ed, and estimates of losses must be
made from testimony OF witnesses and
not from the examination OF goods
and buildings.
If the Court of Claims was merely a
board of appraisers to estimate the
value of property by inspection, II
would be desirable to have experts on
| the board, but as that is not the case,
the greatest possible usefulness 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 Council.
At yesterdays session there were
present President Dole. Ministers
Mott-Smith, Young, and Damon, and
Councillors Isenberg, Achi, Ena, Allen,
Jones. Gear, Kane, Gonsalves, 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 a subsidy from the Government,
action having been taken yesterday In
| the Council OF State, appropriating
s25. 900 for that purpose. The subsidy
| Is conditioned by an amended phrase
introduced by Councillor Allen. that