Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-07-27
Law AND FA(I ISSUt
CITIZEN and N0N.CITlztN
ON HAMAKuA ROAD
QUESTION OF FACTS AND LAW
ARE AIRED IN THE OFFICIAL
coRREsPoNcE ON
SUBJECT.

Tho controversy regarding the en-.
ployment of citizen and non.citizen Ia
Dor on the Whitehouse contract for the
construction Of the Ookala. Kukuihaele
road on Hawaii seems to resolve itself
into a question of law between the SUI
perintendent Holloway and the Acting
Governor: an a question Of fact be-
tween the members OF the Hamakua
koad Board. public works representa-
tives on the Island OF Hawaii on the
one hand. and the Acting Governor on
the other.
A great deal OF correspondence has
been emitted upon this question, the
position of the various parties being
clearly set forth.
On representations made by the Ia.
makua Road Board and by Road Engi'
necr Gerc. Superintendent Holloway
inserted In the specifications for the
Ookala. Kukaiau road work this provi'
sion: Contractors shall employ all
citizen labor or eligible TO become citi.
zen that Is available on this work"
In a letter to the Acting Governor,
Nj. Holloway explains:
The members OF the Road Board in
the Hamakua district advised mo be
fore the advertising for tenders of this
work that II would be impossible to So
cure sufficient citizen labor to carry on
the work properly and | therefore have
granted permission for the use OF
Asiatic labor. However. ! am sure
that all citizens who apply to the con
tractor and are willing to do n fair
days work will be given employment
In a reply to this letter the Acting
Governor states among other things;
II distinctly disapprove OF such nc
ton" and adds. 81 would therefore
most respectfully suggest that that
permission be- revoked. and that II Mr.
Whitohousc throws up the contract
and finds II impossible to do II on the
basis of citizen labor, then II should be
again advertised and all contractors be
given chance to bid with the prlvi
lcgc of using Asiatic labor
The reply of the Superintendent OF
Public Works To the Acting Governor
contains this paragraph
The principal question involved II
restricting Mr.. Whitehousc 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 FURNISH
ed, so do not believe that we can re-
strict him from any OF the privileges
noted In the specifications withou'
placing this department III the position
where permanent injunction coui'
be obtained against aWafu'ns th''
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