The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-04-06

Dill. Ills motlon-t defer It un4l to-
day was carried.
House Bill No. IA, the appropriation
bill, was turned over to the WAYS and
Means Committee.
The Judiciary Committee presented
a favorable report on Senate Bill No.
126, a measure introduced by Senator
Makekau and intended to permit poor
persons to prosecute civil actions in
forma pauperis. The only amendment
submitted by the committee was a
change in the reading that would tend
TO prevent imposition under the oper-
alton of the proposed law.
After Executors.
The favorable report of the Judi
ciary Committee ON Senate Bill No.
124 was adopted, passing the bill on
its second reading. The bill is intend
ed to compel administrators and exec
utors TO adopt methods of reasonable
expedition in the performance of their
duties. 1t is a popular measure in the
Senate, the belief being that some law
should be upon the statute books that
will put an end to the present dilatory
methods that have tended to confuse
court records.
! Consideration of the favorable re-
port of the Judiciary Committee on
Senate Bill No. 102 produced some
strong reflections on the policy adopted
by a past administration in eiectment
proceedings. The bill is intended to-
provide for the payment by the Terri
tory of Hawaii of judgment for the
sum of $3002, together with interest,
rendered by the Circuit Court of the
Third Circuit in favor of Senator
David K. Baker against Alatau T. At
kinson, Arthur NJ. Brown, Lorrin A.
Andrews and George P. Kaumauoha.
The committee finds that the state
ments in the preamble to the bill are
well founded, and in dealing with the
questions involved says:
GAS a general rule of law no action
of tort lies against the Territory, but
in this case all of the defendants acted
for the Territory understhe instructions
and under the belief that they were do
ing their duty. OF the defendants, one
is dead, one is out of the country, and
the rest are not very strong financially.
But even if they were able TO pay, it
seems that it would be unfair to hold
them personally liable for a Judgment
obtained against them while acting
under ORDERS
Upon the reading of the report Coel
no moved for it's adoption. President
Smith suggested that the provision for
the payment of interest was overstep
ping the bounds of conservatism. He |
said that if the judgment was paid it |
was all that could be legitimately ex
pected of the Territory-in view of the |
fact that It was not legally liable for |
the amount.
Slap at officials.
Senator Fairchild said that he I'M |
derstood the appropriation would pay |
a claim '.of which the less said the /
better -
Senator Knudsen said tt.that in view
of the remarkable actions of the gov
eminent in the ease the people are en-
titled to Interest," having done the
illegal work while acting under instruc
tions of government officials, from the
Governor down.
Senator Fairehild asked if the claim
had been considered and adjusted on
the basis of intentions of paying inter
est, but was Informed by Chairman
Knudsen of the Judiciary Committee
that nothing was dependent upon the
payment of interest.
If we can save any money without
infiicting hardship, we should do SO, +"
said Fairchild Yesterday we saw the
need of money for the Settlement of
Kalaupapa-if we can drop the interest
with justice, think we should do so. -
Makekau said that the Baker claim
should include interest because of the
action of the government and the ad-
fact that if the claim was set
tied in full it would prevent another
suit being instituted.
Attention was called to the action of
the Senate in striking out the provi-
sion for interest in the appropriation
for the payment of the $4,000 claim of
John A. Cummins, and President Smith
said that he saw no reason for not fol
lowing the precedent, in view of the
Territory not being legally liable.
Amendment Lost.
The amendment to strike out the in.
-erest was lost. Senators Fairchild, Ka-
anna, Quinn and Robinson voting in
favor of it, and the bin was then pass.
ID on second reading
Senate Bill No. 125 passed secondI
'eduIHS on the mOblOH OIL senator NC
1arthy. He said that it allowed the {
of Public Works to
olace meters on the supply pipes of t
persons supposed to be using more
water than they were entitled to. t
The management of the visit to Mo- Z
okai. and the work of the fine Italian |
land of Senator Coelho, came up for
when Clerk Savidge read
letter from Manager George HenshaH l
# the Hawaiian Star. arraigning Coel-
10 in scathing terms for his childish |
Methods in the issuance of passes for {
he junket Mr.. Henshall stated that {
Supervisor Daniel Logan had failed to !
-eceive pass both as a representative 5
If the Star and as a member of the | /
Board of Supervisors and that Mr..
sabin. who was detailed to accompany {
he Legislature, was not permitted TO !
20 on board the Mauna Kea. The let {
er concluded that the management OF
he whole affair was not in keeping !
With the dignity of the Legislature. :
When the communication had been {
cad Coelho struggled to his feet and
moved that it be referred to the con-
deration of the Judiciary Committee.
lie stated that he was ready to answer ,