The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-27
tractors be given a chance TO bid with
the privilege of using Asiatic labor.
/ have the honor to be, sir,
Your obedient servant,
A l. c. ATKINSON.
Acting Governor
Honolulu, T. H, July 9. 1904.

Honolulu, T. H., July G, 1904
Hon. A. L. c. Atkinson, Acting Cover
nor, Territory of Hawaii
| Dear sir:-I beg to acknowledge re-
! ceipt of your favor of the 9Th inst. in
regard to the employment of non-citizen
labor on the Ookala- kukaiau contract
awarded to Mr.. Whitehouse, he being
| the lowest bidder to submit a tender in
| conformity with the specifications.
| After noting the position which you
| take in this matter, | feel that possibly
you are not entirely familiar with ali
| the conditions pertaining to the award
| ing of this contract, after careful consid-
Grafton of which, | altered the clause
| in our standard specifications restricting
| the class of labor to be employed. Or
dinarily we insert the following: mo
| Asiatic labor to be employed on or
about the work
| do not know whether you are aware
| that this work has been bid on previous
| to our last call for tenders, but offers
were received on March 18th, 1904, from
| four contractors, viz, L. NJ Wfitehouse
Claus Johnson The latter bid was en-
tirely out of order and of the others
two specified to use citizen labor so far
to employ United States citizens only
The tenders were as follows:
Benton & Arioli, $40, I6S.67: L. M.
Whitehouse, $34ooo.oo; E. w. Barnard,
$2o,o85.oo.
As the appropriation was only $4,000,
| found it necessary to divide the work
into sections to complete as much as
possible with the funds available, but
before readvertising for tenders | in
yestigated the question of labor very
carefully, consulting with Mr. Gere, the
Hawaiian Road Board, Mr.. E. w. Bar
nard, who has built a number of roads
in the district and resides in Hamakua,
Mr.. Rowland. who is entirely familiar
with the conditions on Hawaii and other
persons well informed in the matter.
The opinion was unanimous that 1t
would be impossible to obtain citizen la
Dor so | acted entirely in accordance
with the law governing such matters
as | interpret it, by simply requiring bid
ders to use all available citizen labor and
| feel that this was to the best interests
of the country at large.
You will see, therefore that | have
practically carried out just what you
suggest in the second paragraph of your
letter and | cannot see how the success
over the other bidders on the second
call for tenders Furthermore he was
not the lowest bidder, Mr.. Barnard's
figure being $500 lower, but his tender
was thrown out on the decision of the
Attorney General that it was not in order.
The only other bidders were Benton &
Arioli whose figure was $I5,44o.8o as
against Warehouses; $I2,445, and / do
not believe that there IS any question
but that all the contractors figured on
using Asiatic labor AT the present time
Benton & Arioli are using non-citizen
labor on the Pahala- Volcano House con-
tract although they are employing all
citizens available and it has been clearly
shown that it would be impossible for
them to rely on citizens only.
The principal question involved in re-
stricting Mr. Whitehouse from using
Asiatic labor is now one of law mas
much as His bid being in accordance with
the specifications, the contract has been
signed and his bond furnished, so | do
not believe that we can restrict him
from any of the privileges noted in the
specifications without placing this de-
partment in the position where per-
manent injunction could be obtained
against awarding this work TO any other
pCASOii- VI COuSC,- IL llIC SOhlld&l ilcO
not been signed the matter would be
entirely different and new tenders could
be called for I should think that it
might be advisable to have the opinion
of the Attorney General on the above
question.
/ feel quite sure that the contractor
will employ all citizen labor available,
providing applicants are willing to do
a days work without being allowed sew
eral hours to come and go from their
homes during the eight hours which
they are supposed to work, and l shall
certainly instruct the Inspector on the
work to keep strict watch and report any
failure to conform to the specifications.
On future work l understand that you
wish it distinctly understood that bids
on citizen labor only will be considered
irrespective of the cost of the work and
| shall act in accordance with your in
structions. Further action will be de-
layed in the matter OF the labor on the
Ookala- Kukaiau work until | have had
the pleasure of hearing further from
you. | beg to remain,
Yours respectfully
& 6 HOTI OWAY