The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-05-30

I pany, Limited, etc, etc, $250O.OO.
The Superintendent of Public Works
let the contract for the construction of
the Brewer wharf March 9, 1904, to the
American. Hawaiian Engineering and
Construction Company, Limited. the
successful bidder, for $3s,700.00. All
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, rival contractor attacked
the validity of this contract. The SUI
perintcndent of Public Works defend.
ed it and carried the case to the Su-
preme Court, where it was lost. It is
impossible to state how far the rival
contractor was prompted to bring this
suit by the fact that he himself had
just lost 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 aues-
tion Immediately arises as to claims in
/ other similar cases, and / 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, 10000; claim
Kamahalo, $75.00-$175
am unable to secure any informa-
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-
tion is exceedingly meagor, and 1 have
no knowledge of the value or area of
the land, and am informed these claims
were presented at former session of
the Legislature, Mt which time no ac-
ton was taken, because of some aues-
ton as to the title of the claimants to
the land. Both of these cases should
be presented to the Superintendent of
Public Works, and on the showing that
the title is good and the amount a fair
compensation, on delivery of the deeds
the items could be paid from the road
damages funu.
8. Hilo Fire Department: To Hilo
Electric Light Co., $101.50; to Hilo
Schoen, $3.50; to T.. Fuhr, $500
$1ss.00.
During the session of 1901, the Leg.
islature appropriated 10000 a month
TO the support of the volunteer Hilo
fire department. In the session of
1903 no appropriation was made in the
eighteen months bill, for the reason
that it was supposed to be a 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 &c.
10000 was inserted.
An examination of the details of
these items shows that they were al
most wholly incurred during the period
when no appropriation existed, and
were thus without legislative author
ity.
BOARD OF HEALTH.
q. Claim, o. Tollefsen, for yacht
Volante, $4,000.
! am Informed that this boat was
lost while in charge of her owner. at n
time when Superintendent McVeiph
was passenger in the same, the own
er having refused to accept any pay
for carrying him, and because of this
1t is claimed that the taxpayers of the
Territory should reimburse him for the
loss of his boat. To this / cannot
agree.
$334.23.
From the information / can secure.
the Legislature of 1908 passed an APP
preparation in the eighteen months
bill, beginning with january ], 1904,
of $l5OO.00, for derrick and landing
at Pelekunu. AT the same session an
appropriation of $4,000 for the con-
struction of a telephone system on Mo-
lokai was passed in the six months
bill, which was to lapse in the first day
of January, 1904 The latter item was
thought to be insufficient, and as it
would be of some assistance to the
steamship companies. the contractor
appealed TO them for help, with prob
ably some kind of an understanding
that the matter would be presented to
the Legislature. During September,
1908, the then Superintendent of Pub.
lie Works, being of the opinion that
the Legislature was limited in its
power to the passage of biennial APP
preparations, authorized the Steamship
Company to undertake the erection of
the derrick landing at Pelekunu. How
ever, the Supreme Court decided the
Legislature had acted within it's pow
ers, and that the two appropriation
bills could only he expended as had
been provided Thus the Auditor re-
fused those items in connection with
the derrick landing that had been in
Cured prior to January l, 1904 Owing
to this misunderstanding, it might be
proper for this Legislature to make
provision for the payment of these
items. But it is impossible to segre-
gate them in the account presented.
and ] cannot approve the claim as it
stands.
s. A. Lindsay. Treasurer Hilo Ship
pers' Wharf Committee, for sanitary
CONTINUED on page g.