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

there will still be a balance Of 500,
which is to be paid into the Treasury.
Mr.. MacfarIane stated, also, that 1t
had been the wish of both the Chinese
and japanese claimants that awards
be made by certificate, and that the
Attorney General had been consulted
before the fee system was decided up
on.
Mr.. Dole then presented his argu-
ment, contending that the Fire Com
mission was a court of limited and
special Jurisdiction, which under the
statute, was free to act as 1t chose,
and it was not within the power OF the
circuit court to oVerrule its actions,
nor has it jurisdiction over 1t. Sec
ond, this special court is exempt
from the rules of common law,
and was only required to enter its de-
cisions In a record of judgment; this
done its statutory duties are ended. TO
go further and to issue certificates was
an extra judicial act for the convent
ence of the claimants.
''If the act of the legislature is con-
stitutional, then this court has no
Jurisdiction; the judgment Is final
added Mr.. Dole.
You don't want me to go into the
constitutionality of the question do
you?" asked the court.
1T Is immaterial to me-"
I'VE can't have two Supreme
Courts" said the Judge; this action
of the legislature was in violation or
the organic act; the legislature has
only power to create courts of inferior
jurisdiction. But then this question is
not before u.s."
Attorney Peters contended that the
commission had clearly exceeded its
jurisdiction in charging a fee, which
by the evidence was in reality not q
fee. but a charge for the payment OF
back loans
Mr.. Dole replied that it was a mat
ter Of expediency, of public policy;
that under the section giving the COM
mission the right to make rules and
regulations for its guidance, the charge
could be made.
This is not a court Of expediency or
policy" said Judge Gear, lit is dealing
simply with questions of legality; IL
the commission had a right to charge
these fees, then that ends ii. 1t seems
to me though, that the governor was
pretty nearly correct, when he said
that the commission should borrow the
money and ask the legislature to ap-
propriate it back. The rule made by
this court, if legal, has the force of a
statute"
Mr. Magoon characterized the aGtion
of the commission as "holdup' and
said that the claimants had been COM
PEELED to buy the certificates or else not
get their awards. The Attorney Cen
aral replied that the claimants could
have rested on the record of judgment
but that it would have taken longer,
the certificates being simply for the
of the claimants. They
eould take the certificates or leave them
as they saw fit.
Judge Gear stated that the legisIa-
ture had appropriated $4,000 for the
expenses of the commission which had
been insufficient. and while it was right
for public spirited citizens to advance
money TO finish. the work. the court
should have asked the legislature to
the required money. He
did not wish to criticise the fire com
rnissioners for their action and thought
that they had done everything in their
power to serve the best interests OF the
THE proper thing would
have been for the governor to have
called a special session" concluded the
court.
That would hardly have paid, just
to borrow s1,000'' returned the Attorney
That's what should have been
done" replied the court.
And spend 500, 600 to get one thou
sand dollars" added Mr.. Dole.
That would have, been the only legal
way of doing" concluded the court
Judge Gear announced that he would
render his decision Wednesday morn
ing at 10 o'clock.