Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-05-25
HOUSE.
Continued from Page l.,

Inc special committee on the petl-
ton of Mrs. Kekie Amara for $1,000
for loss of a two-story frame building
destroyed by fire to suppress bubonic
plague, January 20, 1900. presented ma
jority and minority reports, the former
recommending the payment of $3.50 in
full settlement of the claim. The ma
pority report was signed by J. X. Paele
(chairman), X. w. Aylett, ". p. Haia
and J. ID. Lewis. The latter part OF
this report is as follows:
Sometime early in September, 1901,
or within three weeks of the end OF
the statutory time limit for receiving
fire claims, Mrs. Amara was informed
that she must make out and swear to
the claim personally. She then en-
ployed J. X. Nakookoo as her attorney
to draw up the papers. which were
duly sent to her by mail and sworn to
by herself September l6. 1901, before
c. p Iaukea, notary public at Waia-
lua. The papers we're then mailed to
I J. X. Nakookoo. The envelope bears
the postal mark, Haleiwa p. o., Sep
( TENDER II, 1901, (hour mark blurred
but looks like p. M. The statements
of Nakookoo corroborated by the
chairman of this committee, are that
mail carriers usually delivered Nakoo-
koo's mail at his Office in Foster hall
on Nuuanu street, but for unknown
reasons or by accident "a fact not to
be wondered at as the free mail deliv-
cry was only established August 10,
1901. in HonoluluD the letter of Mrs.
Amara remained in the p. o. Septem-
Der II to September q, 1901, when Ma
kookoo personally called and received
the same fully three days after expir-
alton of the time for receiving fire
claims, and that Nakookoo promptly
presented the said claim to the Fire
sion refused TO receive II on the sole
ground that the statutory time for re-
ceiying claims had expired.
AS to the value, Mr. Ouderkirk, one
of the appraisers appointed to appraist
the value Of property to be destroyed
also contractor and builder by pro.
fession, estimates the value of a build
ing at 1926 Mr.. Wilhelm, also one
Of the appraisers, puts the valuation al
Sl3O5, or a difference of s2l. 1t IL
therefore evident the amount OF the
claim is not unduly excessive.
% Taking into consideration thu
fact that the claim was duly made ou
and sworn to before a notary public
on the 18th day Of September. 1901
and mailed to the attorney OF thu
: claimant for presentation full weel
before the end Of the statutory tim,
set for receiving claims; (2) the fac
that 1t was the only claim actual!
presented 10 the Fire Claims Commits
sion three or four days after Septem
Der "a, 1901, and the only one endorsed
by them as having been rejected TO
5 not having been presented within tn
statutory time; (3) and the fact tina
II is for a building whose existence AM
: value can be easily ascertained, you
: committee would recommend that tn
9 relief asked for be granted, but instea
: of $1,000, your committee would recon
: mend that the said claimant be give
$3.50 in full settlement OF said claim.
U Minority Report on Claim.
The minority report, signed by Fri
A. Knudsen, is as follows:
Under Section 3, Act 10 Of the SEES
Q sion Laws of 1901 notice OF the Fir
Claims Commission was duly give
Z and the four months during whic
6 claims could be presented as provide
. by Section 7 Of said act, expired on tn
cath day Of September, 1901, OF whic
fact your petitioner was well Informed
for this claim was put in the hands G
= her attorney, ]. X. Nakookoo in tn
u early part of September. 1901.
Why this particular claim was nc
D. filed on or before the Gath day Of Sci
I, TENDER, 1901, has no bearing in thi
II case The fact remains, and all th
u witnesses are agreed upon 1t that thI
. claim was not presented in time an
was therefore barred.
j. THE question for this Legislator
to decide is whether or not 1t is wis
u to grant this petition, and your con
% mittee is strongly of the opinion this
% such a step would be unwise, for tn
y following reasons:
81. It is against public policy, for
- would establish dangerous preceden
= opening the way for a number of sim
lar claims the validity Of which at tn
% late day It would be difficult to dete
mine.
"2. II would be great injustice
- the 1000 or more claimants who wei
p subjected to the rigid examination
a the Fire Claims Court and who hay
"a now to take their pro rata Of Il
10 money secured from Congress.
q 80. Your committee is further of Il
A. opinion that the relief prayed for ca
ID only be granted by special indemni
ia Act OF the Legislature In regular sc
er sion, and therefore not proper clai
for this extra session to consider.
Your committee 10 therefore OF Il
opinion that the consideration of tn
resolution and petition be indefinite
CO postponed"
Do eeekiey's View Of Matter.