The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-02-02

X so clearly to demand that com +
X missions acting in n judicial X
X capacity shall not act in secret X
X and behind closed doors no mat
X ter how praiseworthy or honor =
X able their intentions that / am 4
X bound to find, and do so find X
that the determination of the *
4 commission in so acting is con
X trary to the law and must be set x
aside. decision of Judge X
Whitney in issuing an injunction X
X against the Loan Fund Com !;
X mission and the Lord Young En- X
X gineering Company.
X X
X X X X X X x X X X X X X X x * \
Hammerlike blows at the clandestine
methods adopted and adhered too by
the Loan Fund Commission, were sprin-
kled plentifully through decision
handed down by Judge Whitney in the
circuit court yesterday. The court, in a
sweeping fashion, enjoined the COM
mission, the territorial and city author
tiles and the Lord Young Engineering
Company from carrying out the Heeiai
Belt road contract, let to the engineer
ing company last September
There was no mincing of phrases in
the criticism made by his honor in his
opinion. He partially upheld the con-
tention of contractor John H. Wilson,
the lowest, but unsuccessful bidder for
the first five miles of the road, and de-
clared that the action of commission
| in holding secret meetings behind
closed doors, in refusing to grant the
contractor hearing as to his ability
to carry out the terms of the contract
and the conduct of the business of the
commission in that particular as illegal.
Commission to Appeal.
When the news of the injunction,
which was made permanent by the
court, began to be noised about the
mission had been expecting it and were
already preparing to take their case to
the supreme court as soon as possible.
1t is certain that the body means to
! fight the matter through as far as posi-
BILE, no matter how long it forces the
city to wait for the commencement of
work on the work
Still another interesting feature of
the strange mixup which the injunction
issued by Judge Whitney brought to a
climax, was the statement that j. H.
Wilson is bidder for the work of con-
structing the second section of the belt
road. This is. a stretch about ten miles
long on the Leilehua plain. These
bids will be opened today. The ques-
ton arises whether, if Wilson is again
the lowest bidder, his bid win be ac-
cepted by the commission or again
thrown out on the ground that he is
not responsible contractor in the
meaning of the law. If this action is
taken it is believed certain that Will
son will fight again. But it is also
thought that if the commission accepts
his bid, should it be the lowest, it
stultifes itself and renders itself more
ridiculous. 1t is therefore believed
that no matter what happens should it
he found that Wilson is a bidder and
the lowest bidder, the commission will
throw out his bid and fight the matter
all over again.
Means More Delay.
This, of course, will mean that the
work on the belt road will be still
further delayed. Indeed, although
efforts were made yesterday to get
some kind of an estimate on the proba-
BILE date of commencement of the work,
no one in authority was able to make
even a guess. 1t depends now upon
what the supreme court will do, that is
should the report of the intention of
the commission prove to be correct.
Wilson, who complained the commits
sion had acted unjustly toward him in
turning down his bid for the job, and
accepting that of the Lord Young com
pany, was upheld in part by the deci'
sion. The court, however, found that
while the commission had erred grossly
in refusing to grant Wilson hearing,
and in holding secret meetings behind
closed doors, it had been reasonably
| fair and impartial in its investigation
of Wilson's responsibility. Judge
Whitney, however, differed with the
finding of the committee of one, :"
which found that Wilson was not re-.
sponsible.
Servants of People.
The conrt pointed to the fact that
the commission is but handling the
money of the taxpayers, and is sup
posed to be handling it for them and in
their interest, and declares that as
taxpayer and bidder Wilson had
every right to be admitted to the meet
ings of the board where he and his bid
were under discussion. "He was, -
says the court, Gin common with the
general public, vitality interested in the
awarding of this or any other contract
for which the public money was to
have been paid
Judge Whitney, in the course of his
opinion finds that the most "diflicult
part of the whole case is the failure
of the commission to either offer or
grant hearing to Wilson," and he
did not hesitate to rap the commission
over the knuclles for this omission,
which he holds was part of the general
policy of secrecy SO long maintained by
that body.
The case narrows down to the ques-
tion, elias every taxpayer the right to
demand that before granting such a
contract as that with the Lord Young
Engineering Company, the commission
=.