The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-29
LEGIsLATURE.-ExTRA sEsaoN--.24Tn DAY

government are separate and distinct
from the executive functions, and that
no one connected with the latter can
bind the former. The road leads off
from the government road to home
stead lots Nos. 90 and 81. For num-
Der of years the Territory has found
difficulty in securing sufficient reve-
nues to build the main arteries of
travel, and 1t has been in no position
to undertake work of this character.
If claims like this are paid, it sets an
unfortunate precedent, encouraging
employees OF the government and indi-
viduals to make agreements without
first securing the consideration and
consent of the Legislature.
8. To pay the American-Hawaiian
Engineering and Construction Com
pany, Limited, ETC., etc, $2500.00.
The Superintendent of Public Works
let the contract for the construction of
the Brewer wharf March 2, 1904, to the
Observation-Disclosures Engineering and
Construction Company, Limited, the
successful bidder, for $3S,700.00. ALI
contractors are presumed to know what
they are doing, and they are free to
employ attorneys to give an opinion
as to the validity of the specifications
before they enter on their work. In
this case, a rival contractor attacked
the validity of this contract. The Su-
perintendent of Public Works defend
ed it and carried the case to the SUI
preme Court, where it was lost. Tt is
impossible to state how far the rival
contractor was prompted to bring this
suit by the fact that he himself had
just lost a contract owing to a suit by
stakeholder in the American Hawaii
an Engineering and Construction Com
pany.
If the Territorial government. is re-
sponsible for loss in this case, the ques-
ton Immediately arises as to claims in
other similar cases, and I believe that
the responsibility of the Territory in
such matters should be determined in
the courts before the precedent of such
appropriations is made.
4. Road damages, Kona, Hawaii:
Claims Kaopumomona, $4,000; claim
Kamahalo, $75.00-$175.Oo
L am unable to secure any informal
ton in regard to these claims. other
than that number of years ago, in
building the road to Keauhou, Kona,
1T cut through certain kuleanas, and,
that as yet there had been no payment
made for the land. Further informa-
ton is exceedingly meager, and I have
no knowledge of the value or area of
the land, and am informed these claims
We're presented at former session of
the Legislature, at which time no ac-
ton was taken, because of some ques-
ton as to the title of the claimants to
the land. Both of these eases should
be presented to the Superintendent of
Public Works, and on the showing that
the title is good and the amount fair
compensation, on delivery of the deeds
the items could be paid from the road
damages funu.
D. Hilo Fire Department: To Hilo
Electric Light Co., $101.50; to Hilo
Telephone Co, $4,000; to Richard &
Schoen, $3.50; to E. Fuhr, $500
$1SS.0O.
During the session of 1901, the Leg
islature appropriated $4,000 month
to the support of the volunteer Hilo
fire department. In the session of
1908 no appropriation was made in the
months bill, for the reason
that it was supposed to be matter
turned over to the county. Notwith-
standing a strong effort made to Sc
cure an appropriation in the six
months bill, the Legislature refused
to make the appropriations. In the
special session of 1904 an item of So
10000 was inserted.
An examination of the details of
these items shows that thew were al
most wholly incurred during the period
when no appropriation existed, and
were thus without legislative author
ity.
BOARD OF HrATTry