The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-17
CANNOT SUE
TERRITORY
Contention Made
In Fire Court
Gases.
ACT WAS ONLY !.
ONE FOR RELIEF
Not an Act Of Charity-In Insurance
Companies Had Taken a
Speculative Risk.

The Territory cannot be sued except
in certain ways provided by law, ae-
cording to the contention made yester-
day before Judge Gear. by Attorney
General Dole in the fire claims cases.
The petitions IN the two cases which
We're argued together, are for manda-
mus to compel the Fire Commissioners
to issue to Sing Chan Co. a certificate
for the amount of s7,S77s5 and to the
Liverpool. London and Globe Insurance
two cases are heard together because
they are dependent upon each other.
The petitioners claim that the Court.
of Fire Claims has not only not award
ed the amount due to the claimant,
Sing Chan Co, but compelled him to
return to the Liverpool, London and
Globe Insurance Company the money
paid by it, and which had once been
deducted by the commission
The Territory. yesterday filed de-
murrer setting out lack of jurisdie-
ton on the part of the court to review
the acts OF the Fire Court and also al
Ieging that the facts related are in
sufficient for cause of complaint.
Mr. Dole IN his argument claimed
that the Territory could only be sued
by its own consent and that in this in
stance no such consent had been given
The Attorney General stated that the
legislature could not create two SUI
preme Courts, and that these claims
were not for any legal wrong done, but
resulted from fire which had been start
ed to prevent the spread Of pestilence,
legislature 10 establish a commission
for the purpose OF distributing relief.
This was what the court Of fire claims
had done and its judgments were final.
Mr.. Dole contended further that these
claims We're not suits at law and have
no foundation in common law or
ground for relief against the govern
| ment, except through the act creating
the commission.
Judge Gear interrupted to ask if it
was the claim of the government that
the fire awards had been an act of
charity, to which the Attorney General
replied that-it was the purpose Of the
government to distribute the burden of
loss frora the 1900 immediate sufferers
to the entire community through the
| payment OF the claims from the taxes.
| 1t was argued further that the act
provided only for the payment of per
sons who actually suffered loss of prop
erty from the fire, and that the insur-
anee companies certainly could not
come in under this provision. as they
owned no property The insurance
companies, he said. had taken certain
risk for which they We're paid premi-
ums. that the property was destroyed
and now they wished the government
to pay for losses. for which they had
been paid. He contended also that this
was a speculative risk, which the legis-
lature had especially intended to guard
against.
Mr.. Si1liman appearing for petitioners
replied that it was not the insurance
companies. but the claimant who
would suffer by reason Of the wrong
full acts of the commission. All the
claims where. insurance had been paid
were made subject to subrogaticn Il
the insurance. companies, and the latte
were guarded against loss. in any event
The poor claimant who had had sufh
cient business sagaeity to provide FOL
| insurance was made to suffer. not only
! by deduction in the first place of tn
amounts received as insurance. but tn
amount actually awarded was made
subject 10 a claim by the Insurance
company for which the commission hac
| already deducted. He answered fur
Their that courts had full power by man
damus TO regulate the acts of the Fir
/ Commission and that If not, thes
kinds of boards would soon get into ar
bin airy lines. In this instance the com
lnfssioners had not completed thei
work and could be reached by IN
courts process. Mr.. Silliman state
also that attorneys had asked that the,
be allowed 10 be present when tn
awards were TO be made. and the re
quest was refused. The commissioner
mad. however, had the decency to re
main in office much to their credit an'
did not seek to evade responsibility b!
resigning. AS to the jurisdiction,
was eontended also that the Territor
could be sued. as held by the Unite
States Supreme Court, and even If no
government officials could be bFougf
into court TO answer for wrongful act
Judge Gear took the matter unde
advisenent and viii render decisio