The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-04-27
COUNCIL
CENSURES
CABINET
Its Last Resolution Was
Planned as a coup
d'Etat.
ADJOURNMENT SINE D|E|
Court OF Claims Matter Will be
Brought to President Nc
kinIey's Attention.
ADJOURNMENT SINE DIE
(From Tuesdays DailyD

The Council OF State has adjourned
sine die. The motion which practically
ended the inn ortant labor5 of the only
legislative body left TO the Republic o.
Hawaii was put by President Dole al
ex city 1896 p. IN. yesterday and i'm
medately adopted. Until a legislature
is brought together under the Governor
of the Territory of Hawai-, yesterday
adjournment doubtless marks the CLOS
Ing scenes of legislative Hawaii unless
4 special call should be made.
The principal e, ent of yesterday 3 pro-
ceedingS WAS the passage OF the caucus
resolution signed by thirteen members
of the Council of State censuring the
Executive CO.. nc Tor refusing to accept
the advice of the Council OF State, the
Chamber of Commerce ana the Orien-
tails assembled in mass meeting, with
regard to the formation Of the Court OF
Claims. When President Dole called
for resolutions in the regular order o.
business T.. C. Jones arose, and in be-
half of his fellow councillors, read the
following resolution as signed by all
but one OF their number:
Honolulu. April 20, 1900
Whereas the records OF the Council
of State show that on January 22d, 1900,
President Dole announced to the Coun-
ell OF State: that he would ask Pres
ident Mckinley to approve of the ap-
pointment of Court Of Claims in con-
ne stion with the fire of January 20th-
1900, and that such Court should con-
sist mostly of business men, and
'. nereas. on April I'd, 1900, such n
Court of Claims was appointed by the
Executive of the Government, which
Court had five members, all OF whom
were lawyers, and who were to conduct
the proceedings OF the Court under the
following rules. thereby making such
Court a Court to consider primarily
the legality of claims rather than their
ju.tlce and merit:
Here Mr.. Dole's executive order is
given in full.
Whereas, on April I'd, 1900, such a
commended by the Executive, appro-
priating funds for the carrying on OF
said Court, was laid on the table by a
unanimous vote Of the Council OF
State, which action met with upquali-
fled endorsement of the citizens and
residents of the Republic of Hawaii,
and
Whereas on April 18th the Council of
State adopted the following resolution,
after the whole of the correspondence.
between the Executive of Hawaii and
President Mckinley. referring to this
ma.ter. had been laid before it:
Here the Bolte resolution asking for
4 new court is quoted.
Whereas the Executive Council re-
ported on this resolution on April Sth,
as follows.
The Executives reply to Mr.. Bolte's
resolution is quoted in full.
Whereas it appears from the above,
as well as from the correspondence
with President Mckinley and from the
long time elapsed between the receipt
of the author izaton from Pres dent
Mckinley and the appointment of the
Court, that the Executive has changed
its mind and is now trying to evade the
responsibility assumed by it on Janu
AIRY 22d, 1900, therefore be it
Resolved by the Council of State:
First That the interTretat on by the
Executive Council of the words Just
claims" by the statement that IAN
authoritative recognition of a claim as
Just must be in accordance with the
Hawaiian law" would be n correct in
depreciation II the worL5 had been ''le-
gal Claims" but as the words used
by the Council of State in the resolu
ton of April 11th are 'just claims
there is no such ambiguity of meaning
as the Executive Council has tried to
force upon these words. The inter-
pretation of the Council of State Of
the words Just claims" Is: claims
which are true, accurate and equi-
table" This Interpretation means that
every claim should be considered on
Its merits and no claim thrown out on
strictly legal or technical grounds, fol-
lowing out the principle that all prop
erty destroyed by the Government for
the public good should be paid for by
the Government. This principle has
been followed out bv other govern
ments as well as the Hawaiian Govern
mert in similar cases, viz: Payments
during the last twelve months by the
Governments of Hongkong and Cairo
of all damage done in the suppression
OF the bubonic plague. and payment
three years aeo hy the Hawaiian Gov
ernmept of all damare done by the ac-
tion of the Board NJ Health in the sup
preston of the epidemic NJ cholera.
Second. That, IA the Executive
states. that no reasons are set forth hv
the Council of state why the present
commissioners NJ the Court of Claims
should re dismissed and n now Court
be appointed and as the Executive
give as reason for the maintaining of
the present Court nf Cl7ims. CONSISTING
OF five lawyers. that the nractice and
precedence NJ all Hawa'ian Courts
must he urhe'd' thnt u ia the sense Of
the Council Of state that the ve"v rea-
son that the practice and precedent NJ
all Hawaiian courts must be upheld is