The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-08
FIRE COURT
MUST QUIT
Unless Funds Are
Raised From Pri-
Vate Sources.
GENERAL
RENDERS DECISION
Says That no Other Appropriation
Can Be Used for Expenses
of Commission.

If the court of fire commissioners sit
longer than the six months provided b,
the legislative appropriation some gooC
and generous-hearted citizen will have
to advance money for the purpose ant
depend on the next legislature for REIN
Ibursement
Attorney General Dole rendered ar
opinion yesterday at the request of the
Executive Council, in which he held
that money for defraying the expense
OF the commission could not be diverted
from any other source. and that the
81 900 appropriated for government wit
nesses could be used for no other pur-
pose than for which it was intended The
opinion was delivered at the request Of
Auditor Austin, and was read at the
meeting of the Executive Council yes
| terday. 1t is given in part as follows:
Honolulu. II. l., Nov. 6. 1901.
Honorable II. C. Austin, Auditor of the
Territory of Hawaii:
Dear Sir:-I am in receipt of your
favor of November 1st, enclosing a COM
munication of the same date from the
Chairman of the Fire Claims Commits
sion, which is as follows: THE Fire
Claims Commissioners request that you
make the appropriation under Act Is,
An Act to Provide for the Ascertain
ment and Payment of all Claims Which
May Be Made by Persons Whose Prop
erty was Destroyed by Fire in the
Years A. d. 1899 and 1900, Under Orders
of the Board of Health, available for
the general expenses of the Commiss on,
without reference to any of the sub
heads under said Act. Otherwise We will
be without funds for incidental and 9TH
er expenses incident to carrying on the
work of the Commission"
In your letter you say: 81 respectful
ly request an opinion from you as to
whether the section of the Act quoted
above cannot be construed so as to rem
der available the whole appropriation OF
ST. 400 for any of the legitimate ex-
penses of the Commission, without ref
erence to the amounts provided under
the different sub-headings."
1t Is a matter of great Importance to
the sufferers from the sanitary fires of
1899 and 1900 that their claims should be
as soon as possible. To this |
end the Commissioners have not only !
worked with untiring zeal and industry, |
but have even consented to sit without |
pay after the provision for their pay |
ment is exhausted. The clerk, stenogra- I
pher Interpreter and bailiff feel that |
they cannot give their services. The !
sum of $1,000 set apart for incidentals
has been spent. The sum of 5000 desig-
mated for government witnesses is al
most intact and only a trifiing portion
# it will be required for that purpose.
The work of the Commission is so near
IS end that 1t is hoped it can be finished |
{ the 5000 not required for government
Witnesses can lawfully be applied TO the
general needs of the Commission.
I have been very anxious to see my
way clear to such a construction of the
aw as would relieve the Commission
rom its financial difficulties but the
ules laid down by courts for the con-
truction of ambiguous statutes do not
pply where the language of the statute
tself is clear. 1t has been urged upon
ne with great force and ability that
lection 16 is. in effect, an appropriation e.
f Sl7 400 for the expenses of the Com
mission, and that the subdivisions are
lerely directory and not mandatory.
,ong and diligent search has been made
Or authorities in support of this prCpo-
ition. a great many cases have been =
and not one has been found
hitch appears to go the fun length of
Ista:ning it. 1 regret to say that am
1mpelled to take the opposite view. The
appropriation corresponds in form 10 the
eneraI appropriation bills for the sup 4
ort of the government. with subdivi-
ons for particular purposes. There is
ereby appropriated the sum of seven -
zen thousand four hundred dollars
TO defray the following expenses Of
lie Commission" Then follew itemized
atements of the expenses and per
ems authorized. 1 do not see how the
opropriation for government witnesses
IN be lawfully diverted to the payment
salaries and incidentals
1t would be a great pity II the work Z
the Commission should be left IN
1ished merely for want of two or three
ousaud dollars; but there seems TO be =
} alternative, unless some public spir- Z
ed citizen advances the money and
usts to the next legislature for reim-
lrsement
Very sincerely yours.
E Z. DOLE. -