The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-01-14

T.
admitted, rather felueianily. that there
bad been an arrangement whereby tho
company would lay ohia blocks between
She rails on a concrete foundation. and
asphalt between the tracks on the same
Mind Of base
lie was Of the opinion that the com.
pauy was "fudginEH little on the
so.callcd agreement when it now stated
that it wonid use stone instead Of con
crete for the bitulithc foundation.
Supervisor Mcclellan made motion
TO the effect that the city inform the
Rapid Transit Company that 1t would
have 20 comply with its charter. but
when Assistant County Attorney Mil.
verton arose and presented concise
and Illuminating history of the case,
Mcclellan withdrew his motion and
gave his voice for peace
Milverton Explained.
Attorney Milverton explained that
under the charter the company was
required to lay the same kind of pave
ment as the city provided for the street,
and that the supreme court of the Ter
ritory had upheld the city in this stand,
but that the Rapid Transit Company
had an appeal to the Supreme Court of
the United States which he was GER
tain it would take, if the agreement
made by the Old board of supervisors
was not adhered to. This, he said. would
mean delay of from two to four
years.
Supervisor Voter said he did not
believe in going into the courts. The
people expected the new administration
to get busy on the roads and that if
the board declared war, it would be
IN the same dilemma as the previous
body and nothing would be accomplish
ed In the way of Improvement of the
streets.
Supervisor Petrie said shat for his
part he was anxious to get to work.
and he did not know that there was
much difference between concrete and
rock foundation, inasmuch as the btu
ithlc people stood ready to guarantee
their paving on either kind of founda-
ton for the same length of time.
On Wolter s motion the matter was
referred to the committee mentioned.
Contracts with Employs.
a contract is contract. and NUM-
cipal corporation cannot break it with
IMMUNITY any more than private con-
Germ. This was the gst of Assistant
County Attorney Milverton's written
opinion on the question as to whether
the city could discharge men employed
by the month, before the expiration of
the period and without raying them for
the entire month.
Milverton had given an oral opin-
ion to the same effect at the previous
meeting and Mayor Fern and Super.
visor Pacheco had been inclined to re.
gard it lightly. So yesterday Milverton
appeared with an opinion in black and
white, culled from an authority on
municipal corporation government. It
read: Where one is appointed or
employed for a definite term at a fixed
salary, the obligation of contract can
not be impaired by discharge without
cause before the expiration of such time
any more than in the case of private
employment. Milverton further sta.
ted that the fact that payment was
made every two weeks did not affect
the contract. "I would advise" he
said that no action be taken by the
board that win have the result of
plunging the municipality into litiga-
parently so clear. -
AS result of this plain and concise
opinion from its legal adviser, it is
not deemed probable that the board
will adhere to it3 resolution dating the
new appointments January Is, and so
putting a crimp in the treasury by hav-
ing to pay double salaries for the last
two weeks in the month. On the Con-
trary. it is probable that the eager DEM
ocratic employes.elect will have to curb
their impatience and wait until Febru-
airy l, before assuming the positions
which will enable them to look the
cashier in the eye, twice month.
No Band for the Princess
A communication from Mrs. Theresa
WilcoX-Belliveau was read, in which
she asked for the loan of the Hawaiian
band, in order that it might play at a
luau she was giving in honor of the
birthday of her son Robert K. Wilcox,
January 16. She closed by hoping that
Il may be granted the permission seek
ed"
Supervisor Petrie intimated that the
question whether the band should play
for a private luau was the mayor fun
eral and not the supervisors, inasmuch
as the band is under His Honor's con-
troll. The latter apparently did not
like to assume the responsibility in this
case and asked for the views of the
supervisors. He received them. in that
Mcclellan, Pacheco and Wolter de-
clared that they were strongly opposed
to the. band being farmed out to pri-
waite individuals that it would set a
precedent, and that the band was need
ed in various parts of the city where
it is never heard at the present time.
Mayor Fern absorbed these dissenting
opinions and it appears that little Rob
ert Wilcox will have to get along with
out band on his birthday.
Protest from Giffard.
A communication was read from Pres
ident Gifard of the board of agricul-
ture and forestry protesting against the
removal of Milk Inspector Richards,
who qualified for the place by two years
Of study and experience, and the sub
stihtion OF an unframed man. and this
simply because Richards is a Republican
and his successor Democrat. Mr.. Gift
fnrd declared that the change would