The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-03-12
GRINDING
LAWS.

time. The chair attempted to explain
this phase of the records and stated
that he could not prevent anyone from
making motion.
THAT is what you are there for, sir
said Carter.
do you wish to make notion"
asked Russell.
NO. it would be of no use; it would
not be carried anyway | just want to
state that the minutes are ridiculous
as they stand" retorted Carter
House resolution 8 was read pertain
ing to committee to investigate the
fire limits
Cecil Brown moved that it be return
ed to the lower House. as it was a Ger
titled copy" instead of the original pa
per Motion carried
House resolution A was read and met
the fate of its predecessor, being re-
ferred back to the lower House
Senator Kalauokalani reported on be-
half of the printing committee that
bills 3. 90 and 81 were printed.
petition relating to the fire claims
was read as follows and was ordered
to remain in the hands of the head
clerk:
We. the undersigned, special com
speCtfully submit the following notes
on some features of House Bill No.
proposed by Representative Gilfllan,
which has been referred to the Judicial
~ committee.
The bill is incomplete in material
respects. By title and by specific pro-
visions, 1t is not "a bill TO determine
and to provide means for paying the
claims, but merely measure provided
for the establishment of commission
q
to the government. What disposition
the latter will make of the report
whether he accepts it. or can revise or
reject it altogether; whether he must
report the findings of the commission
TO the Legislature, and whether that
body must then make an appropriation
to pay the aawrds; all these and equal
ly important questions are left entirely
undetermined by the bill as it stands.
Even If the commission should make
reports favorable to a ajorty of the
claimants. the bill affords no guarantee
that the latter will ever receive the
amounts awarded them. Certainly, I'M
der the terms of the proposed law the
Governor, and presumably the LegiSla-
ture, Will have the power to receive the
findings of the commission and to sus-
pend final action upon them indefinite
ly.
Section is very precise as to the
powers and privileges conferred on the
GREETED that it is not equally specific
as regard the legal rights and privi-
leges of the claimants. For instance.
suppose that in a particular case the
Attorney General has presented the
evidence and arguments against a
claim. Will the claimants have the right
to adduce evidence and arguments in
rebuttal?
1t may be replied that this privilege
Will be granted under the general rules
of procedure adopted by the commits
sion. But as the bill is so very pre-
else regarding the rights of one party,
ought it not to be equally precise with
reference to the rights of the other7
Section IL is open to serious objec- .
ton. 1t makes the minutes, regula-
tons and records of the Board of
Health, and the reports and statements
Of the board and its agents prima facie !
proof of the correctness of everything /
therein stated, claimed or alleged In
view of the fact that the acts of said |
board of health We're the direct cause
of the injuries for which the claims
are brought, this appears to be a most |
sweeping provision. 1t makes the
Board of Health at once judge and jury i
in matters wherein it is in one sense
defendant
The proviso that the statement of the +
board shall only be accepted when i
sworn to. previous to passage of the /
BILL to say the least of it, places the /
members of the board in a false posi- |
ton. 1t is not to be expected as hon
orable men that they would be guilty |
of any such underhanded procedure as I
the manipulation of the records of the /
proceedings, but the language of the
bill leaves room for suspicion that such
might be the case, and certainly af-
fnrds no safeguard against IT,
To the ordinary mind there seems to
be no valid reason why the proceedings
of the board should not go before the
commission like any other evidence,
and certainly no just cause for giving .
its assertions as to the rightfulness OF T.
IT'S own acts practically impregnable
position as evidence, or for placing the
burden of proof upon those who sur
fered by them.
The foregoing are "A few of our con-
siderations regarding Mr.. Gilfllan's I
bill, which we hope your honorable
committee may take to your considera
ton. Signed, $. Ozaki, $. KoJIma, 4.
lshikawa, Y Sega, II, Kihara. X ono I
and II. SusumagO. n
ACh asked for a report from the Judi \
ciary committee and was Informed by
senator White that the majority had
been unable to hold a meeting owing
to the Illness OF one of the members
and asked for two days more This
was granted.
The committee which had charge Of
the removal of the Senate from the old
quarters was "honorably" discharged. /,
Carter offered a resolution to the ef-
feet that hereafter the Senate convene 4,
at $3.50 o'clock An amendment was
offered 10 change the hour J
TO o o'clock, but met with failure when
put TO the vote. The original resolu-
tion was then carried.
senator Paris offered the following
resolution: U
BE It resolved That the following
items be- inserted in the appropriation
bili
"s7 Gao FOR court house ana Jain ut kal- Y
luu N. konB,
~ 600 for court house lui JAN Al
ilooknul s Kona Hawaii. to Doe bum y
uu uppcr road