The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-24

LElC COM M kRCIAL Adv II
change in the plans or specifications
without re-advertisement, then, upon
the same principle. he may make other
changes, no matter how great, and
award a contract thereon accordingly
This, in my opinion, is in direct con-
fiict not only with the statute but with
public policy. and cannot be recognized
upon any theory consistent with fair
and impartial administration of public
affairs. In the matter OF awarding
public contracts there should be the
fullest and most ample opportunity for
competition. Such a doctrine as con-
tended for on behalf of respondents
would open wide the door to corruption,
fraud and favoritism. I fail TO see why
the principles which are applicable to
the awarding of the contract in the
first instance, and the observance Of
which principles are deemed SO vital
and essential to the validity of the con-
tract, are not equally applicable and
essential to any change resulting in an
other or different contract.
NEW CONTRACT INVOLVED.
In the case at bar the Superintend-
ent of Public Works, in the first in
stance, under the requirements of the
statute. duly caused public advertise
ment for tenders to be made for the
purpose of awarding a certain contract,
according to certain plans and specifica-
tions to the lowest bidder. But, in
stead of awarding the contract so adj
vertised, he now without such adver-
tisement proposes to award another
contract. In my opinion, for the rea-
sons already stated, the proposed con-
tract is clearly illegal and the awarding
of it, under the circumstances, would
be contrary to public policy as well as
the statute
INJUNCTION GRANTED.
Judge De Bolt quotes again from the
Encyclopedia, thus: Where the mu-
nicfpal authorities are required to adj
vertise for bids and let contract to
the lowest bidder, they are not at lib
erty To award a contract different from
that advertised" and then concludes;
THE proposed contract being illegal,
the prayer of the petitioner for a per-
manent injunction to issue restraining
the respondents from entering into or
signing the said contract is granted
"A decree accordingly will be signed"
Hatch & Ballou and r. w. Anderson
appeared for the petitioner; NJ. F. Pros
ser for the superintendent of Public
Works, and Kinney, McClanahan &
Cooper for Lucas Bros.
CRIMINAL MATTERS.
Lum Tok Kee was sentenced by
Judge Robinson, on his plea of guilty,
to pay a fine of 500 and costs for sell
ing liquor without a license.
A nolle prosequi was entered by
+ before
Judge Gear on behalf of Wa Sin, in
dicted for selling a poisonous drug
without a license. The case is from
last previous term, and the drug in
question was opium. A fight was
made on the point that opium was not
a poisonous drug within the statute
but it never came to a decision.
BIGGER BOND REQUIRED.
Judge De Bolt denied defendants mo-
ton for new trial in the case of VIM.
w. Bierce, Ltd, VS.. Clinton ]. Hutch
ms, trustee, and an appeal was taken
to the Supreme Court
Plaintiff having objected to the suffi-
cheney of defendants bond on appeal
and made good it's objection, Judge De
Bolt ordered that defendant file a suffi-
cient bond in a sum not less than the
amount of the judgment on or before
March 81. The judgment was for re-
turn of the Kona Sugar Co.'S railway
and equipment thereof, or in default
the sum of $4,000.
INCREASE OF ESTATE.
M. T. Simonton's report as master on
the 1908 account of George r. Carter,
guardian of the estate of Henry A. P.
Carter and Grace Carter, minors, has
been approved by Judge Robinson and
a masters fee of $50 allowed. The
master found the account "comprehen-
sive and correct in every particular"
With an income of $S,522.S3, the guar
dian added S4,0S7.26 to the principal.
At the end of the year there was $685.
100 invested and $572.39 cash on hand.
Judge Gear approved the account of
w. A. Bowen, guardian of NJ. w. NJ.
Bergersen, minor. Receipts were
$227.O6 and payments $127.5O, leaving
balance of $9956. The minor is in the
Castle Home for Children and her es-
tate, invested, at the end of 1903 was
worth $3S90.03.
FATTENING THE CALENDAR.
Appeals to swell the April term cal
endar have been sent up from the Ho-
nolulu District Court as follows: H. A.
Heen VS.. LUX Mon Wa, judgment for
defendant with $1195 costs, on claim
of $3.50 for rent; Territory VS.. All Poo,
hard labor 80 days and costs for pos
session of lottery tickets; Territory vs..
Kok Tong, same as preceding case;
Territory VS.. Kimura, Toguchi, Nishi-
mura and Shimada, hard labor two
days and costs for being present at
gambling game; Territory VS.. Piimoku,
hard labor 80 days and costs for pos
session of lottery tickets; Territory VS..
Nemura, same as preceding case.
BOOKS DEMANDED.
In the injunction suit of Sidney NJ.