The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-24
GEAR SAYS THE FIRE
CLAIMS ACT IS
INVALID
THE AWARDS OF THE COMMITS
SION ARE SUBJECT TO REVIEW
BY THE COURTs-THE LEGIsLA-
TURE EXCEEDED ITS POWERS.

Judge Gear decided today that the
proceedings of the Fire Claims ,'om-
mission were subject to review by the
courts and in two cases dire.tei the
Commission to amend its awards.
In these decisions Gear holds thar the
statute creating the Commission could
not take away the power of the Ciccuit
Court to act by the writ of mandate
and In so far as 1T has attempted to o
so it is unconstitutional
The two cases decided are The Liver
pool and London and Globe Insurance
Company VS.. the Commissi Oners, and
the Sing Chong Company against The
same. In the first case the Sing ChOng
Company filed a claim for $l1,S16.92.
The Commission found that the value
of the property destroyed was $7,S77.95.
The Insurance companies had paid 49,
2S7l0 and been subrogated to their
right of award to that extent. The
Commissioners held that the Sing
Chong Company having been paiu So
2S7.lO by the insurance companies was
only entitled to the difference $4, 4,59O.S5,
and made award for that amount, sub
ject to subrogation. No aW ard was
made to the insurance companies.
Gear says: THE question presented
is whether the Commissioners can be
compelled to remedy this in any way
The Attorney General, while con-
tending that the court has no authority
or right to act in the premises on the
ground that the legislature. has deter
mined that the judgment of the Com
missioners shall be final, and no APP
peal be therefrom' asks this court not
to go into the cOnstituionalitiy of the
act, and In this he is Joined by counsel
for petitioners. But the court is nee
essarily required to pass upon the mat
ter to a certain extent, for it involves
the very jurisdiction of this court; for
if the. Legislature has the power to
constitute a court whose judgments
shall be final, and not subject to review
in any way by this court, then this
proceeding must be dismissed for want
of Jurisdiction.
"It seems to me, however, thai that
part of the act which makes the judg-
ment cf the Commission final and nom
appeal able, is contrary to the Organic
Act of this Territory, and must there
fore be held to have been beyond tne
power of the Legislature.
"By the terms of the Organic Act the
judicial power of the Territory is vest
ed in a Supreme Court, Circuit Courts,
and such inferior courts as the legis-
lature may from time to time Gre
ate
There can be no question but that
the power sought to be conferred upon
the Commission is judicial power.
II am of opinion therefore that this
statute cannot take away the power of
this court to act by the writ of man
date, and in SO far as it has attempted
to do 50, it is unconstitutional.
THE next question is as to whether
or not the Commission has neglected
or refused to act when by law it should
have done so.
Il am convinced that the Com
missioners mad plain duty to perform
to give the insurance companies the
amount paid them. The writ in this
case asked for will be granted COM
manding the Commissioners to amend
their award to petitioner so that the
same shall be for the sum of $1,000"
In the other case the Commissioners
are directed to amend their award so
as to free it from subrOgation.