The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-23
MITCHELL SAYS
HISTORY TELLS
Continued from Page -

Humphreys: MT. Brown. 1 win ask
you if on the afternoon of January 18th,
1893, you were not standing at Nc
Inerny's corner when the marines and
sailors of the U. S. S. Boston passed
by?"
| Brown: Il was not"
Humphreys: Did you not say, We're
all right now, because We have the
United States forces to back US up?'"
Before the witness could answer
Senator Mitchell raised his hand and
stopped him. There was consultation
between the Senators and then Senator
Mitchell declared the session adjourned
until evening. At the hour set he
made the statement of further adjourn
ment and then called the morning ses-
sion for O'Clock at the same place,
asking all witnesses to be present.
FIRE CLAIMS HEARINGS.
The morning session of the commits
sion was held in the room used by the
Fire Claims Court, SO that the records
might be available. There was very
large attendance of persons interested
in the claims, and as well large num-
Der of attorneys. The commission was
there on business and no time was lost
in getting down to work.
Chairman F. w Macfarlane was the
first witness. He read his report to
Governor Dole, setting forth the work
of the commission and showing the use
to which all the money was put and as
well the amounts realized from fees,
with the additional statement that
there was in the hands of the commits
sion S43S6.35, which would have been
used for the repaying the subscription
of the merchants, but for the fact that
there may be suits for the purpose of
recovery OF the sums paid in by those
who have taken the certificate of
award.
Mr.. Macfarlane then took up the
matter of showing how the court had
reached its final adjudication. He took
up a number of claims and showed the
methods of fling, the plan used IN the
taking of testimony and determining
the amount of loss, and finally the en-
tering of the judgments. In the cases
submitted there were cases showing the
methods in the instance of personal and
commercial claims.
During the hearing it developed that
in the case of some of the largest
claimants there had been deducted from
the amount of the claims the sums paid
by the insurance companies and this
brought from Senator Burton the
query as to what action was taken in
the matter of the insurance compa-
MES, Mr.. Macfarlane responding that
it was outside the scope of the court,
under the act creating it. There was
considerable discussion over this mat
ter and then Judge Whiting asked if in
the case of the claim of zee Wo Chan
& Company the certificate being issued
with a subrogation of the amount of the
| insurance paid, it did not mean that
| there was deducted by the commission
| $12, GOO, and that this would be again
taken out by the insurance companies,
| the loss in that case falling twice upon
| the claimant. The position of the court
was that it's duty was to find the loss
| and that any agreement between the
claimant and an insurance company
must be private one, and the notation
| on the certificate was simply done I'M
I der the act of the claimant.
| Judge Sillinlan in the case of a mer-
chandise claim that he represented,
| tried to show that the commission
found result and then took off one
third arbitrarily. asking if this was not
done without regard to the state of the
| goods of the claimant This was denied
| by the chairman.
There was also some question on the
matter of the cutting in half of personal
| claims where the claimant did not ap-
pear in person, and the explanation
was given that there was a decision
| that this would be the most equitable
plan ard this course was followed in
every instance.
The application of the amount paid
into this government recently by the
national government on account of in
terest on the bonds outstanding to the
payment of the fire claims was brought
up and the Senators were told that that
was outside the province of the court
as it's duty was only the adjudication
AA y = b. B.