The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-13
MORE OF
THE FIRE
CLAIM FEES
No Return Unless
Upon Courts
Order.
CERTIFICATES
ARE IN JAPAN
Therefore Cannot Be Returned.
They Are Better Anyway
Than Warrants.
rx- HE Fire Commission win not re-

HE Fire commission VIII not re-
turn the fees collected from
Il claimants unless upon further or
der of court While no meeting
of the commissioners has been held to
been generally discussed and plan of
action decided upon.
II will be remembered that Judge
Gears decision in the mandamus case
was in favor of the Commission, the
COURTS declaration that the fees were
illegally collected being mere Incl
dental matter. which was entirely apart
from the refusal to issue the mandamus
writ.
..,rhe Commission has taken no action
in regard to the matter of fees as yet,
said f. w. Macfarlane, chairman OF
the court. yesterday. But suppose we
did advertise in the papers that the
fees collected would be returned, 1t
would necessarily call for a Droviso
that the certificates, given in consid-
Grafton of the fees. be also returned to
the Commission This do not think
s. EWOuiQ DC Sdt4SitCtOAy tAiC ~tehAAAe-AAeS
who would not, in my opinion. be will
ing to exchange the certificates, even
for the warrants. There is some ques-
ton as to the legality of the warrants.
Two of them I consider are good, but
as the third provided for in an appro-
of the legislature that passed the law.
there Is some doubt. With these points
unsettled. the claimants are a trife
afraid OF this third warrant.
Then again in case the United States
makes an appropriation of s1,5Oo.ooo at
the next session of Congress. as we ex-
pect, the warrants will have no value.
even if the claimants, force the gov
ernment here to issue them. On the
other hand. the United States win ac-
cept the certificates as the judgment
of the fire court, and 1t is upon these
payments would very. likely be made.
In that case the legality or illegality of
the warrants and the act of the legis-
Iature will cut no figure The United
states Treasury Department would
very likely make the certificates pay
able through one OF the banks here, and
that would settle the whole matter.
..rheu again very few, of the claim
ants. in case we offered to return the
fees. would consent to give back the
certificates of award The largest
amount, that paid by Kinney. Ballou &c
NeC1ana,lan for the Japanese claim
ants. was not paid under protest. and
from what 1 hear. the certificates are
by this time wen on their way to Japan.
If we had called together the six thou
sand claimants, If that were possible. |
Al the time the appropriation had been
exhausted, and asked them If they were
willing to have the work OF the Com
mission stop. or pay twenty-five, fifty
cents. one dollar or four dollars apiece.
according 70 the amount of their
claims, not one but would have pre-
ferred to have the work continue.
-s,The Commission has been as econo- ,
nlicai as II was possible to be. and not
one cent was expended except where
absolutely necessary. In reality we
are not 5000 short, but only half that
amount, as about $500 still remains in j
the fund which was especially appro- /.
Driated for witness fees, etc, and could .
not therefore be used for running ex-
penses. This amount will be turned
back into the treasury 4
.sAs far as the fees are concerned, If
they are returned it viii be TO the
claimants who have paid them do s
not see how the money could be turned
over TO Mr.. Riggs nor can understand
how he has the power TO charge fees,
and the commission had not The
money so collected in fees amounting
tn s507g is on deposit in the Bank OF
Hawaii. 1t has not been returned to
he merchants who advanced the money
10 the Commission. and nothing viii be
done while the matter remains unset
tied in the courts. IL was such small
amount that we did not think it neees-