The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-04
FIRE COURT
IN TROUBLE.
Mandamus NoWto
Compel ar,
Award.
JUDGMENT ALSO
FOR FEES PAID
insurance Co. and Claimants Bring
Suit for Awards Which We're
Not Made.

The troubles of the fire commission
evidently only commenced with the re-
port of awards and giving out of certif-
icates to the claimants. Yesterday two
additional suits were commenced
against the commissioners individual
" and as a body to compel them to
make an award to insurance compa-
Wilcox rendered judgment against the
fire commission for 81 collected as a fee
from Rebecca Panee. If this ruling is
sustained in the Supreme Court the
commission will be compelled to return
TO claimants about $4,000, which were
charged for certificates and some other
way must then be devised to repay the
merchants from whom the money was
borrowed
Judge Gear issued a writ of man
commissioners to appear before him
next Monday and show cause why they
should not obey the order requiring
the issuance of an award for insurance
paid, and which is deducted both in the
claimants certificates and also is not
awarded to the insurance companies.
The Liverpool London and Globe In
surance Company, for which Bishop &
Co. are agents, is the plaintiff in the
first case and Sing Chan Co. are plain
tiffs in the second mandamus proceed
ing. r. w. Macfarlane, y. G. Pratt, A.
c. Lovekin, F. J. Tesla and A. N. Ke-
poikai, as members of the fire commits
sion, are defendants in both cases. 1t
is set out in the first petition that on
July 9Th. Sing Chan Co. filed a claim
for 81, S16.92 for losses sustained dur
ing the plague fire, and which loss the
commission found to be of the value of
$7S77.95. On May IL, 1900, it is further
alleged, the Sing Chan Co. assigned to
the plaintiff the portion of it's claim
amounting to $500, and that plaintiff is
the legal owner of this claim. In the
award which was entered on June 2,
1902, only the sum of $3.50 is awarded,
being the amount less what was paid
to Sing Chan Co. by the insurance
companies, $500 by plaintiff, $1,000 by
the F'ireman's Fund Insurance Co., and
$7S7.10 by the Royal Insurance Com
pany. In the certificate of Sing Chan
Co. it was further set out that the
amount awarded was subject to the
amounts subrogated to these insurance
companies, and no award was made by
the commission to these companies,
their claims referring to the subroga
ton of Sing CHAINS certificate. The
plaintiff claims to have been denied JUS
tice by this act, land has suffered great
wrong and injury, and inasmuch as the
provisions of said Act Is of the Session
Laws of 1901 allow no appeal from the
decisions and judgments of said respec-
tive commissioners of fire claims, the
law has assigned no specific relief and
mandamus is asked to compel the fire
commission to amend it's award to show
that the amount of $500 assigned by
Sing Chan Co. is due to the Liverpool,
London and Globe Insurance Com
pany.
| The petition of Sing Chan Co. governs
the same transaction and it is alleged
| that only S4590 was awarded instead of
order is asked to compel the defendants
/ to amend the award to show that $7S77
| is due to the Sing Chan Co.
Judge Gear, upon reading the petit
ton, granted the writ of mandamus,
and the commissioners are ordered to
amend the awards as asked or else ap-
pear ON Monday, September Sth, and
, show cause why they have not done so.
| The questions decided in these cases
will affects all of the insurance COM
! panies, none of whom were allowed the
amounts claimed by them. Altogether
the insurance companies put in claims
for $4,000 which the commission held
| the Territory was not responsible for.
The awards, however. made the certifi-
Gates of the claimants who had been
paid insurance subject to the liens of
the insurance companies. but there was
apparently also a deduction from the
awards Of the amounts received as in
surance. In this way the claimants
would have been compelled to pay the
insurance companies. after the amount
paid them for insurance had already
, been deducted.
THE FEE DECISION.
The hearing upon the assumpsit suit
before Judge Wilcox to recover the fee
paid to Clerk Riggs for certificate by
Becky Panee was held yesterday. There
was little evidence introduced aside
from that of Clerk Riggs, and the court
held that the charge was an Illegal one,
and gave judgment for plaintiff for the
amount sued for and costs. The court
held that the commission was not en-
powered TO charge a fee and exceeded