Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-03-24
HOLDS HARDESTY
Violated Law
CONTINUED from Page ~


Investigations lead him to the deelar-
alton that not only have there been
three jobs done in violation of Act SO
above mentioned, but that two OF the
jobs were done without proper author
ization, and that only part of the third
job was authorized. 80 - ~. -. .zz
Milverton holds that all three of
the claims in which Hardesty has a
share are null and void. "
Says Hardesty Knew. vi
The attorney also informs the board
that Hardesty has not been ignorant
OF the scope and meaning of Act 80.
He says: r.. ~"
Even were ignorance of the law
an excuse, il cannot be said that Mr..
Hardesty had no knowledge of the ex-
istence of such law, or was ignorant
of anything illegal or improper about
the transaction. Shortly after the
election of Mr.. Hardesty and prior to
his taking office as supervisor of the
city and county, it came to my atten-
ton, casually and unofficially, that
MIR. Hardesty was engaged in perform
ing certain work for the city and
county in a matter where he. as super
visor, would be called upon to pass
upon the claim. Iadyised the person
through whom this information came
TO me that such practice was illegal.
end such advice, 7 am informed, was
Immediately brought to the attention
of Mr.. Hardesty."
The reading Of the opinion was fol.
lowed by a verbal explanation of some
of its points by Mr.. Milverton to the
supervisors, who We're in special ses-
sion. Supervisor Petrie, chairman Of
the roads committee, introduced res
olution that the claims be not allow
ed. and the resolution was adopted.
The Star-Bulletin learned also this
morning that the two bills of Manuel
Cook, the public works department
clerk who has been selling coal to the
city, are being held up on advice OF
Mr. Milverton. The auditor referred
these bills to Mr. Milyerton, who in.
formed Auditor Bicknell that he ought
rot to pass the bills. The bills were
therefore held up.
Mr.. MiIverton's opinion, as rendered
TO the board is as follows:
ITO the Honorable Mayor and Board
Of Supervisors of the City and County
of Honolulu.
Gentlemen: The chairman of the
committee on roaGs, bridges, parks
and public improvements has request,
Ell this department to render an opin.
ion as to the liability of the City and
county to pay three certain demands
of d. A. Devine, amounting to $500,
S2420, and S315.70 respectively. The
demand for $500 purports to be for
Street Widening. Echnack Job, Beck.
ley Lane;". the demand for $24.2O
purports to be Tor street Widening,
Chalmers Job, HeckIey Lane; and
the demand for $3.50 purports to be
for wallace Job, Beckley Lane,
Street Widening aid Sidewalk" There
is attached to the last mentioned de-
mand of $315.70 memorandum, show
| ing that this amount is made up as
| fellows:
Grading street, removing fence
and hedge ............... $l02.75
Removing kiawe tree ......... 1900
Laying walk and Setting cur5.. 1925
= $2S7. 90
10 per cent ................... 2S.70
$S15.7O
"In the demand based on the 'Chal-
mers' job, it appears that the City
and County of Honolulu is charged the
sum of $500 for work claimed to be
performed by s. Hardesty, one of the
Supervisors of the city and county.
I'm the demand based on the wal.
! L. SSIls <fe Gov
work also claimed to have been done
by Mr.. ,Hardesty.
Points Out Law.
The first sentence of Section l OF
/ Act So of the Session Laws of 1911, be-
! ing an act entitled An Act to Prevent
Public Officers and Employees from
/ Being or Becoming Interested in Pub
tic Contracts provides as follows:
Section 1. No officer or en-
ploye of the territory or of any
municipal or political subdivision
thereof shall in any way, directly
or Indirectly, individually or in
combination with others, make or
authorize, or participate in making
or authorizing any contract or
agreement, oral or written, ex-
pressed or implied, for the pur-
chase or sale of any property or
the performance of any work by,
to or for the territory, or any
such subdivision, in which con-
tract, agreement, purchase, sale,
property, performance, or work,
or in any payment or considera-
ton therefor or proceeds thereof
/ he is or shall in any way, directly
or indirectly, as subcontractor
i or otherwise, pecuniarily inter-
/ ested. ~>..s -. >..~ ~. -.
THE demands based upon the Chal
mers and Wallace work shows tha