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

points entering inio the contest. and
admiiitd. ratlef reluctantly. that there
bad been an arrangement whereby the
company wonid lay ohia blocks between
ihc rnila on concrete foundation. aud
asphalt between toe tracks on tho same
Kind Of base.
lie was Of the opinion that the com.
pnny was "fuiging' little on the
socallcd agreement when 8, now stated
that u would use stone instead OF con-
crete for the bitulithie foundation.
Supervisor Mcclellan made n motion
to the effect that the city inform the
Rapid Transit Company that it would
have 20 comply with its charter. but
when ASS istaut 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
lithic people stood ready to guarantee
their paving on either kind of founda-
ton for the same length of time.
On VOTERS motion the matter was
referred to the committee mentioned.
Contracts with Employs.
A contract Is contract, and NUM-
cipal corporation cannot break it with
impunity any more than private con-
Germ. This was the gist of Assistant
County Attorney Milvertons 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 definite term at 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 will have the result of
plunging the municipality into litiga-
ton in matter where the law is ap-
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 it's resolution dating the
new appointments January Is, and 30
putting a crimp in the treasury by hav-
ing to pay double salaries for the last
two weeks in the month. On the con-
T., hah h1o fbo% ba
ocratic employes.elect will have to curb
their impatience and wait until Febru-
ary l, before assuming the positions
which will enable them to look the
cashier in the eye, twice a month.
No Band for the princess.
A communication from Mrs. Theresa
, Wilcox Bolivian 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,
a January 16. She closed by hoping that
"I may be granted the permission seek
e ed"
t Supervisor Petrie intimated that the
e question whether the band should play
l. for private luau was the mayor fun
G eral and not the supervisors, inasmuch
v as the band is under His Honor's con
o troll. The latter apparently did not
e like to assume the responsibility in this
= ease and asked for the views of the
supervisors. He received them. in that
Mcclellan, Pacheco and Wolter de
clared that they were strongly opposed
n to the band being farmed out to pri
y vate individuals; that it would set {
precedent, and that the band was need
W ed in various parts of the city wher'
d it is never heard at the present time
If Mayor Fern absorbed these dissenting
n opinions and 1t appears that little Rob
Or ert Wilcox viii have TO get along with
n out band on his birthday.
ID Protest from Gifard.
ID A communication was read from Pres
at ident Giffard of the board of agricul
N. ture and forestry protesting against tn
of removal of Milk Inspector Richards
Mt who qualified for the place by two year
le Of study and experience, and the sui
stimtion OF an unframed man, and thi
a. simply because Richards is a Repubiea
m, and his successor a Democrat Mr.. Gii
a fard declared that the change woul