The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-04-18
The Bill to Pay. the
Claims of All
Depositors.
Governor and Secretary of the
Territory Made Board
Of Award.

-
House yesterday afternoon was taken
up with the consideration of the re-
port of the special committee on the
Chinese Fund. The committee submit
ted long report, together with the
evidence upon which its nndings had
been based. and the report was ordered
printed after its reading in Hawaiian
had been dispensed with. The sum-
ming up of the committee was as fol-
lows:
1t is quite apparent from the law.
and the testimony elected. that the
fund referred to is not peculiarly a
l'"Chinese Fund" 1t is in fact BAL
ances due depositors in the late Ha-
waiian Postal Savings Bank some Of
which is the property of other national
tiles. but the mass of it belongs to citi-
zens of China. who were compulsory
depositors in said bank At the time
annexation took place there was none
of this money on hand, all having been
used for Public Works. The Fund"
was money sent here to pay amounts
due depositors in the defunct Hawai-
ian Postal Savings Bank; in accordance
with acquisitions sent to Washington
signed by the Governor and counter
signed by the Secretary Of the Terri
tory So long as the Government paid
interest for the use OF those deposits
1t had the undoubted right to the use
of them. BY the Organic Act interest
ceased on those deposits on the LIST day
of July. 1900. and when the Federal
Government RENTED the exact amount
claimed by the Territorial Government
as due to the depositors for their de-
posts and interest thereon TO July list,
1900. the money so RENTED should have
been held sacred as trust fund for the |
payment OF such depositors. AS to |
this fund can be used by the !
Territorial Government. the Attorney !
General renders an opinion that it can !
be so used. His opinion We do not en-
dorse He admits that the Hawaiian
laws pertaining to deposits in the Ha-
waiian Postal Savings Bank were re-
pealed by the Organic Act. Any bust
ness man would tell him that interest
Is money paid for the use of money"
and when no interest is being paid for
a trust fund in ones possession 1t
would be wrong to use such fund
He does not state the law when he
Jays that part Of the immigration Laws
IF Hawaii are still in force. 1t appears
rs of yesterday that he was arguing
before the courts that the U. S. Immi-
grafton Laws had superseded the Ha-
vaiian Laws in toto and that the per-
nits in the hands OF returning Chinese
we're void, having been annulled by the
oint Resolution which annexed Hawaii
o the Union In a Territory of the
United States the immigration Laws of I
he Union maintain, and when the u. S. ]
Government saw fit to register the Chi t
csc 1aborers and thereby granted them !
he right to remain in Hawaii for an
Unlimited period, it did so intelligently. t
nd such registration did abrogate their /
greement to depart. t
We hold that the money sent here 6
y the Federal Government is due and p
ayable to all the depositors in the late /,
awaiian Postal Savings Bank, wheth- g
Chinese or otherwise, except, in the o
tier instance they should, when pre- Y
nting their pass books, exhibit their 81
gistration papers II
1t would be wrong to withhold for Il
unlimited time this money which is w
e property of men who have earned 81
by the sweat Of their brows to the G
richment of Hawaiian planters. and pc
10 have been granted by the U. s eli
vernment an unlimited time Of resi- pl
nee.
There was no forfeiture clause in the CO
reement to depart as soon as they Sc
Ised TO be employed at agricultural pr
or. nor can they be now deported IN "
any law of the United States should re
y be found at other employment. up
hey should have their deposits when tic
perly demanded. We believe that its
using Of this fund. as it has been
d under the directions of Acting ella