The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-02
OF FEE
WAS ILLEGAL
JUDGE GEAR INTIMATES THAT
THE FIRE COMMISSION
ERS ERRED.
AN INCIDENTAL KNOCK FOR
DOLES COUNCIL.
The Court Also Intimates That the
Whole Fire Claims Act Is An Illegal
One.

That's not a body that has to meet, g"
said Judge Gear this morning, speak
ing of the Governors Executive Coun-
Gill;" in denying a motion to continue
the hearing of the Fire Claims manda-
mus. There's no Executive Council
now. It's a relic of the oligarchy, as it
is called"
Assistant Attorney General Douthitt
insisted that Attorney General Dole
would be busy on Monday. The case
was nevertheless set for Monday, the
judge saying that if there was any rea-
son why Dole could not be present on
that day. it could be presented and
would be heard. But the court wouldn't
postpone q case for an Executive
Council" Though the judge says there
is no council Capitol building employees
know some of them, to their sorrow,
that it meets in long sessions.
Judge Gear plainly intimated his
| opinion that the Fire Claims Commits
sioners had exceeded their authority in
charging fees for certificates of award,
but said he would hear argument. 1T
! will require much argument" he said,
ito convince me that the court had the
right to make these charges, unless
there is some power in the act, which 1
| can't see, to raise funds other than
| those which the legislature provided" ."
| The return of j. NJ. Riggs, clerk of
/ the Fire Claims Court, admits that he
mas refused to deliver the certificate of
! award to Mrs. H. Luning, as set forth
in the petition for mandamus, unless she
/ pays S+ Tor it, and declares that he has
a right to impose such a charge. 1t is
denied that she has a right to any GER
| tificate at all or that it is the duty of
the clerk to make out and deliver such
certificate, and says that the petit
toner, if wronged by the charge of 81,
i has a simple remedy at law, by paying
! the money and bringing an action to
| recover it,
The return says:
THAT in the latter part of the year
| 1901 appropriations available for the
work of said Commission became eX-
| hausted, and it was impossible to com
| plete said work to enter up awards or
| judgments, and issue certificates there
of, without funds necessary for pay
ment of clerk hire and other expenses
incident thereto. That the Commits
sioners thereupOn borrowed the sum of
| four thousand dollars ($4,000.00) from
| divers public spirited persons they the
said Commissioners, pledging them
| selves to do what they could to have
said loan repaid as soon as possible;
| that the work of the Commission pro-
! Ceeded until SAID sum OF -FOUR thousand
dollars was exhausted; that there then
remained but little more to do, and it
appeared that by an expenditure of
about one thousand dollars more the
work could be completed, the awards
or judgments entered up, and the GER
tificates thereof issued; that the next
session of the legislature was then
many months in the future, and the
distress to which claimants would be
put by delay and the danger of unfor-
seen events multiplying the entire work
of the Commission made it a matter of
great public Importance that this work
should be finished"
The rule of the Commission prOvid-
ing a schedule of charges to be made
for certificates, is included in the re-
turn, and Riggs says that in charging
Mrs. Luning 81 he is carrying out the
orders of the Commission.
Judge Gear also intimated his opln-
ion that the Fire Claims Commission
act was illegal altogether. "The legis-
lature attempted to- create a Supreme
Court outside of the Organic Act" he
said, but the question of the legality
of such a proceeding is not up here"