Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-04-28
Monday. April %


Whereas the records Of the Council
of State show that on January 22d, 1900
President Dole announced to the Coun-
Gil Of State. that he would ask Presi'
dent Mckinley TO approve OF the ap-
pointmcnt Of a Court OF Claims in CON
nection with the fire Of January 10th,
1900. and that such Court should con-
sist mostly Of business men, and
Whereas, on April I'd, 1900, such
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
a Court q Court to consider primarily
the legality Of claims rather than their
justice and merit:
Here Mr.. Dolc's executive order Is
given in full.
Whereas the act introduced and re-
commented by the Executive, appro-
priat!Hg funds for the carrying on of
SAID Court was laid on the table by n
Unanimous vote OF the Council of
State. which action met with unqualif-
ed 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
matter, had been laid before 1t:
Here the Bolte resolution asking for
= 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 1t appears from the above,
as well as from the correspondence
with President Mckinley and from the
long time elapsed between the receipt
of the authorization from President
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 1t
Resolved by the Council of State:
First That the Interpretation by the
Executive Council of the words Just
claims by the statement that AN
authoritative recognition of a claim rs
just must be in accordance with the
Hawaiian law" would be a correct in
teTDTcldllOH IL lHt "OluS Hdu Dttu It,
gal claims" but as the words used
by the Council Of State in the resolu-
ton of April 18th are Just claims"
there is no such ambiguity of meaning
as the Executive Council has tried to
force upon these words. The inter-
probation of the Council of State of
the words Just claims" Is: claims
which are true, accurate and equi-
tah TbiS int MI thu 4
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 by other govern
ments as well as the Hawaiian Govern
menI 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 ago by the Hawaiian Gov
eminent OF all damage done by the ac-
ton of the Board of Health in the sup
preston Of the epidemic of cholera.
Second. That, as the Executive
states, that no reasons are set forth by
the Council of State why the present
commissioners of the Court of Claims
should be dismissed and new Court
be appointed, and as the Executive
give as reason for the maintaining OF
the present Court of Claims, consisting
OF five lawyers, that the practice and
precedence of all Hawaiian Courts
must be upheld; that it is the sense of
the Council of State that the very rea-
son that the practice and precedent of
all Hawaiian Courts must be upheld is
the reason why the Court OF Claims
should consist OF business men, as 1t
Is the understanding Of the Council of
State that all questions Of fact are de-
cided in tho Hawaiian Courts by jur-
les composed Of business men, and le-
gal and technical questions are left to
the Judge, who presides.
Third. That the Council of State
considers that all powers relative to
the Court of Claims as well as to ap-
preparations for settlements of awards
made by such Court, emanate from
President Mckinley to the Executive
Council as well as to the Council of
State and that IL is therefore not ne
cessary for either the Executive Coun-
ell or the Council OF State TO extend
the law even II they had such discre-
ton II is therefore not necessary to
entail further hardship upon the large
number OF sufferers, who have lost
their ALL by waiting for legislative au-
thority.
Fourth That, as the Executive COun-
eli refuses 10 accept the advice OF the
Council Of State and does not heed
resolutions 10 the same effect passed by
the Honolulu Chamber Of Commerce
and by mass meetings Of the sufferers,
that. therefore. In order 10 relieve the
present unfortunate situation as soon
ms possible, the Council Of State re-
spectfully REQUESTS that President Ne
Kinley advise the Executive Council
Of Hawaii as % what further steps arc
10 De taken In this matter and also that