The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-05

~ Fire Commission to issue to her
certificate of award without
the payment of the usual fee was ar
gued and submitted to Judge Gear yes
terday afternoon. The court will :en-
der it's decision tomorrow morning.
though Gear announced several times
during the course of the argument that
he would declare Illegal the act of the
commission in charging fees. Attor-
neys and court were perilously close
on several occasions to going into the
legality of the act creating the fire
court. but each time the matter was
sal afeIy passed, though it seemed to be
the general opinion, that the legis!a-
ture ala not have the powers to create
such q court as it did. Attorney Cen
eral Dole who appeared for the Fire
Commission contended that the circuit
court had no jurisdiction over the fire
court which is a separate and distinct
bosy. whose acts are not subject to re-
view.
There were present in the court room
when the case was called, Chairman
CLERK Riggs of the Commission, Audi
tor Austin and Treasurer Wright, who
had been called as witnesses.
J. M. Riggs was first put on the
stand and admitted in response to,
questions from Attorney Peters, that,
he mad refused to give Mrs. Luning
a certificate of award until she had
paid the required fee of four dollars.
He testified further that he had re-
ceived for extra work in making out
certificates the sum of 1919. The total
amount collected in fees was $5,o7T.25
which had been deposited in the Bank
of Hawaii to the credit of the chair
maH He testi6ed further that the idea
of giving certificates had originated
wits himself aided by the suggestion
of Secretary Poon of the Chinese Goa
sul's staff, who said that the Chinese
claimants would require something to
show for their awards. Mr. Riggs also
read the minutes Of the meetings OF
,the Commission. where it had been de-
,Hded To give certificates and that fees
srouId be charged
Auditor Austin who was next called
said he had been in consultation win
members of the fire commission ana
stated - them what form of certih-
-Site he would accept. He said ne ana
not believe the certificate to De necas-
sary as the record of judgment Is SUN
cieut for the issuance of the warrants
bv him. The certificate of award. as
TE tn
of the commission ana the claiilldh- III
securing his money.
Treasurer Wright was called, put hol
allowed to testify. he simply oelnG
asked a : to what part he took IN IN"
discussion of the certificates. The court
r-uIed that ii was his duty to pay the
awards upou presentation OF the war
rant. and consequently had nothing 10
do with the certificates
+. w. Mscfarlane. chairman "l tue
Commission testified as TO how they
had come to charge the fees. he sdlu
that when il was seen that the "ork
,f the court must stop for lack OF
funds. the commissioners had inter-
viewed the governor. who advised the
borrowing of the money. with a rec
nrrlrnendation by him that the hSA'
legislature repay it. Judge Gear me
,11Dted the witness TO say that the
governors suggestion was goou ia"
and should have been followed MI
MacfarIane continued, that II was
hen decided to borrow $4,000. the
amount required. and the advance hao
been obtained from sixteen merchants
the agreement being that the leglSia
ture should be asked to repay theii'
Afterwards by reason of the numerous
mistakes found in the claims, IL was
seen that the work of the court WoulG
extend over an even greater perlpu
than anticipated. and then IT was ue-
cided to make up the balance ana re-
imburse the merchants at the go
tiu7a by the charge Of fees. IheSr
-. 5xas on an estimate made by
t1a cIarlz so that all expenses would be
c,vered When everything is paid
which is owing by the comH2IsSlo"'