The Hawaiian gazette., 1903-07-10

| been no judicial decision, said he hat
an amendment to offer to the bill.
A motion was then made and carried
to receive the report and consider II
with the bill.
AWAIT HOUSE ACTION.
Senator Dickey presented the report
of the conference committee on Senate
bill No. 0, eighteen months current
revenue appropriations, recommending
the adoption of the House amendments
with certain changes agreed upon In
conference which have been already re-
| ported.
President Crabbe moved and Senator
Baldwin seconded, that the report be
adopted. Senator Dickey suggested
| that the correct practice would be to
I await action of the House, which was
| done.
BAND EXPENSES.
The bill appropriating $4,000 for ex-
penses of the band in trips to the other
islands passed third reading by the
following vote, Senator Dickey having
changed from no to aye:
Ayes-Achi, Baldwin, Crabbe, Dickey "
Isenberg. Kalauokalani, McCandle 49,
! Nakapaahu, Paris Woods-10.
| Noes-Kaohi-1
AN OMISSION SUPPLIED.
House bill No. 10, appropriating $4,-
9s4.2S for unpaid bills of the Govern
ment. came UP for second reading.
| President Crabbe moved to insert an
Item he had overlooked on Wednesday
being $45 to pay the bailiff of the Sec
ond Circuit Court.
Senator McCandless wanted the bill
referred to committee, as he thought
| the debt was covered in the Emergen-
cy bill. He was not seconded and the
bill passed as amended.
COMFY BILL DEBATED.
The Coney bill came up for second
reading and the committees report was
read again. Senator McCandless NOV
ed the report be adopted.
Senator Achi said there was some
show for the claim of the Coney heirs.
The statute of limitations had not run
on the Governments adverse possess
sion. The question ought to be de-
cided by the courts. mo" he replied
to a remark by Senator McCandless;
the Legislature is not settling 1t IL
you adopt the amendment now move"
This bill would prevent disagreeable
complications, as the heirs might put
fences across the road. He moved to
add the words, Subject, however, to a
decision of the Supreme Court on an
agreed statement of facts, or other
proceedings"
President Crabbe stated that his ex-
perience with the Meek estate was
that suggested by the previous speak
w re
900 to him, but he lost his claim to
land in Beretania street on the plea of
adverse possession raised against him.
The Coney estate had another year be-
fore 1t could be shut out by adverse
possession.
Senator Baldwin moved to add to
the amendment the words 'of the
courts"
YELLOW DOG TREATMENT.
Senator McCandless complained Of a
seeming disposition to pay no atten-
ton to the committees work. They
were against taking up the investiga-
ton because they thought it a matter
for the courts. There was no more
attention paid to the committee than
If it were a yellow dog Iaughter)
He thought further that this Legisla-
ture, the Senate itself, had been made
a stool pigeon for anything that came
along. There was deed that showed
the Government was absolute owner
of that land, with the will behind it
showing that the eXecutriN had abso-
Lutte power to sell the land. The land
would have been nothing but a COW
pasture if it had not been for that
road. The Legislature was not taking
this phase of the matter into consider
alton at all. The bill provided for S12,-
900, while the tax books showed that
the estate only owned 100000 worth of
land on Tantalus.
There was 80 acres of land The
had not taken more than
)ne- thirtieth, but the estate claims one
fifth of the value. Then il the heirs
did have an interest in the land sold,
II was only one-half interest. The
Government was not going to econo-
mize-it was against all experience
If the Legislature voted the entire a
mount claimed.
President Crabbe asked why the
committee did not recommend going to
The courts. He agreed with the Sem
ltor about the betterment of the prop
erty remaining to the heirs, but the
Governments title would not be clear
NTH the ten years We're up. In answer
% remark about the will by Senator
McCandless, the President asked how
many wills like that one had not been
broken. If his claim had been five
ears later he could have broken his
will, At least ten law
'ers had so informed him. The report
II the committee was all right, but ,
lie did not think they ought to shut :
mt the Coney estate where there was
loubt
TRUSTS TIE COURTS.
Senator Baldwin had intended to !
upport the report, but remark OF $
he chairman indicated something was I
EFT out of the report. That was about q
he half-interest of the children. He q
i'd not see that 1t was a risk to leave
he matter to the Supreme Court. He Y
bought II was safe to leave anything
o the Supreme Court OF this country.
hey We're human but honest. 1t was
robably cheaper for the Government
D settle the price now IL it had to pay
Or the land