The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-04-02
BYAUTHORITY
EXECUTIVE ORDER.

A COURT OF COMMITS
sIONERs TO TAKE EVIDENCE
OF LOSSES CAUSED BY THE
BURNING OF CHINATOWN IN
HONOLULU, AND TO MAKE
AWARDS AND JUDGMENTS ON
SUCH LOSSES.
The Court of Commissioners to take
evidence of losses caused by the burn
ing of Chinatown in Honolulu and to
make awards and judgments on such
losses shall consist of a presiding
member and four associate members,
as hereinafter appointed. Each of the
Commissioners shall take an oath to
support the Constitution of the United
States and of the Republic of Hawaii
and to discharge faithfully the duties
of his office.
The Court shall have a seal with
such device as it's presiding officer may
order.
The establishment of the said Court
is not to be taken as an admission of
the existence of any liability on the
part of the Government, but the ques-
ton whether or not liability exists for
the losses in question is in each case to
be decided by the Court.
Such Court being created for the
sole object of hearing and adjudicating
claims against the Government based
upon the losses caused by the burning
Of Chinatown, has exclusive jurisdc-
ton in the premises; and such new
class of claims being referred only to
the arbitrament of a court specially
created therefor no right of appeal ex-
lists from it's decisions, which are there
fore final.
The Court is authorized to entertain
claims for actual losses of property
only, and claims for speculative or con-
sequential damages, or for rents, loss
of the use or occupation of property, or
| loss of profits through the interruption
CT business, will not be considered.
A majority of the Commissioners
shall constitute a quorum and may hold
Court for the transaction of business,
but all final judgments, as well as in
terlocutory rulings, must be concurred
in by three Commissioners.
The Court shall have power to APP
point a clerk, whose duty it shall be
to keep a record of all claims fled pro-
ceedings had thereon and the final
receive all moneys paid into Court, who
shall give a bond in the sum of 81 900
to the Minister of Finance for the
faithful accounting thereof, to be ap.
proved as to sureties by the said Min.
lister, and who may administer oaths
and affirmations,
The Court shall have authority tc
employ one or more stenographers an6
such interpreters as may be necessary
and all evidence transcribed from the
notes taken by said stenographerS
shall be considered the final record
subject to correction, of evidence taker
on each claim. 1t may also appoint {
bailiff and janitor.
In case of a vacancy in the Court tn,
same shall be filled by the President O
the Republic of Hawaii by a new ap
pointment, and in case any Commits
sioner is unable to sit at any time fc
causes, as applicable TO judges of tn
Circuit Courts, and the presence of sucl
commissioner is necessary to consti
shall in like manner be temporarily fill
ed, and the person so appointed shall
receive the compensation due to tn
position during the time he so acts.
The Court shall have power to max
rules for the conduct of the work he
fore it within the scope of its author
ity.
The Commissioners may administc
oaths and affirmations.
The Court shall have jurisdiction t
hear and determine all claims founde
upon actual losses caused by the burn
ing of Chinatown in Honolulu whic
are filed before the 1st day of juno
A. d. 1900, according to the genera
principles of law applicable to Hawai-
ian courts, except as the same may b
modified by the provisions of this or
der.
The said Court shall sit in Honolulu
holding one session, which shall b
opened as soon as practicable after tn
publication of this order, and publ
notice shall be given of the time an,
place of converting. The said session
shall continue as long as may be nee
essary for the prompt disposition o
the business of the Court provided tina
brief adjournments NAV be made from