The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-12
GRINDING
LAWS.
Continued from Page ~

sbafr to the fact that it appeared
the minutes read that two mo-
had been entertained at the same
w. The chair attempted to explain
~ nhsse of the records and stated
.,t he could not prevent anyone from
-ahng a motion.
Thai is what you are there for, sir
1 aid Carter
no you wish to make "a motion ?"
,.;sd Russell.
no il would be of no use; it would
\, he carried anyway. l just want to
.,ts that the minutes are ridiculous
!, ,bev stand, 80 retorted Carter.
uopse resolution 3 was read pertain
to committee to investigate the
.s limits.
racil Brown moved that it be return
ito the lower House, as it was a Ger
fed copy instead of the original pa
w Motion carried.
House resolution 4 was read and met
no fate of it's predecessor, being re-
tired back to the lower House
senator Kalauokalani reported on be-
half of the printing committee that
Hns g. % and q were printed
i , petition relating to the fire claims
as read as follows and was ordered
remain in the hands of the head
srs
= We. the undersigned. "a special com
! mites on Japanese fire claims, re-
I s,ectfully submit the following notes
4 some features of House Bill No.
gDpfsed by Representative Gilfllan,
sbich has been referred to the Judicial
committee:
. The bin is incomplete in material
aspects BY title and by specific pro-
i is1ns, it * not a bill 10 determine
! nd to provide means for paying the
f4ims out merely a measure provided
Or the Establishment of d commission
! 70 examine and report upon the claims
b the government. What disposition
be latter viii make of the report,
ghetheF he accepts it, or can revise or
rject il altogether; whether he must
isp0rt the findings of the commission
the legislature, and whether that
i 0dy must then make an appropriation
pay the aawrds; all these and equal
Important questions are left entirely
Undermined by the bill as it stands.
/ Even il the commission should make
. rp5rts favorable to majority of the
amants, the bill affords no guarantee
/ mat the latter will ever receive the
mounts awarded them. Certainly, I'M
-r The terms of the proposed law, the
# iyernOT, and presumably the Legisla-
/ J1re, will have the power to receive the
fldngs Of the commission and to sus-
4 md final action upon them indefinite
In any case the Legislature must
axe appropriations to defray the
+ Awards. Supposing that il refuses to
50, what remedy have the claim
/ lRtS2 Absolutely none whatever if Mr..
iifllan's bill is accepted in it's pres
I Pit form, If his intention was to Gre
r. a tribunal similar to the United
Mates Court of Claims he should have
Inserted provision of the kind to be
ound in the law establishing that
Ourt The only provision which could
+ gYe-full force and effect to the decis-
4 On Of the commission, that is. stip-
! lation that the Legislature shall be
0und to make appropriations TO pay
h amounts awarded by the commits
ION
Instead of that. the measure that he
opposes leaves the most essential de-
ais in doubt. and gives no promise,
ven when its provisions have been
rred out. that the claims will be
I alally adjusted. The Hawaiian au-
lorties are in honor bound to settle
lese claims as promptly as possible.
Whatever may now be said there has
ben ample promise of such settle
1ent, whenever opportunity offered,
l;h from official and unofficial sources.
Now that the opportunity presents
self, what is it proposed to do, that
II Mr. GiIftllan's bill can be taken as
De measure of what it is really pro-
POSED to do?
Nothing except To establish a com
t. MISSION Of inadequate and vague pow
II tas far. at least. as the claimants
II sAts and interests are conCernedD,
hrh is seemingly empowered to pro-
aet It's consideration OF the matter in
and for an indefinite period. in ali
n ooabiliry, until the Legislature meets
= gain
= seems a pity that when the Trainer
II Inc bill made such generous provi-
,AS Tor the payment of the gentlemen
10 are to examine claims, he did not
least give some hint of what ar
-lsemeut is to be made 10 pay
aIm2nis The provisions or sections
ana Is. which compel the claimants
pay certain fees, are certainly not
4taoie They are Identical with
ars adopted by the abortive commits
gD Of last year. to which objection
lS made both ON grounds of innate
Justice and of international comfy.
me Claimants are most of them poor
ops, and the fee, although nominally
a!L viii unquestionably be a heavy
upon the majority of them. Sec
~ provides that claims must be
srht3d in person, or by some one
nom the claims have been assign
The provision is mandatory, and
lpeaTs 10 exclude employment OF
unset unless it be that by assigned
meant TO convey the idea of "au-
zed as agent or representative:
mat b. the case the choice OF words
an unhappy one.
w any event it would be unmerited
lShip 10 compel the claimants to
tEaF IN person. The greater number
Utm are scattered over the Islands;
y OF them have returned to Japan;
Aat in a majority of cases personal
L.Llon would be either difficult ano
Susi'e, or practically impossible.
lion = is very precise as 10 the
tS and privileges conferred on the
, .,IloFId. law officers. 1t is to be re-
LlrN that it is not equally speclnt
.ssard the legal rights and priv
M oi The claimants. For instance
puSe mat in a particular case the
~ 9Iuey General has presented the
lsHce and arguments against
4I; VIII the claimants have the rlgh'
uuce evidence and arguments II
I'm may he replied that this privilege
oe granted under the general rules
'Cedure adopted by the commls'
"ui as the bill is so very pre-
ssL esaTding the rights of one party
M IL not to be equally precise VIII
tnce "a the rights of the other?
,-cLL-n n /. nnon 70 snrinl1s chico: