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

investigations lead him to the declar-
ation that not only have there been
three jobs done in violation of Act 81
above mentioned, but that two of the
jobs were done without proper author.
ization, and that only part of the third
job was authorized -. >.....- =.
Milverton holds that all three OF
the claims in which Hardesty has q
share arc null and void.
Saws Hardesty Knew. :s.5
The attorney also Informs the board
that Hardesty has not beer ignorant
OF the scope and meaning of Act 80.
He says: .........
Even were ignorance of the law
an excuse, it cannot be said that Mr..
Hardesty lad no knowledge CT the ex.
istence Of such law, or was ignorant
of anything Illegal or improper about
the transaction. '5hortly after the
election of Mr.. Hardesty and prior to
bis taking office as supervisor CT the
city and county. it came to my atten-
ton, casually and unofficially, that
Mr.. Hardesty was engaged in perform
irg certain work for the city and
county in matter where he, as super
visor, would be called upon to pass
upon the claim. | advised the person
through whom this information came
10 me that such practice was Illegal,
and such. advice, am informed, was
Immediately brought to the attention
of Mr.. Hardesty."
The reading of the opinion was fol.
lowed by verbal explanation of some
of its points by Mr. Mslverton to the
supervisors, who were 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.
termed Auditor Bicknell that he ought
rot to pass the bills. The bills were
therefore held up.
Mr.. Milyerton'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
ed 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,
S24.20, and $3.50 respectively. The
demand for $500 purports to be for
Street Widening, Echnack job, Beck.
ley Lane" the demand for $24.20
purports to be forIr5treet Widening,
Chalmers job, Beekley Lane and
the demand for s315.70 purports to be
for wallace J6N 3 Beckley Lane,
Street Widening ana Sidewalk" There
is attached to the hast mentioned de-
mand of $3.50 memorandum, show
ing that this amount is made up as
fellows: sfi&
Grading street, removing fence
and hedge ........e.. ...... .$102. rs
Removing kiawe tree 1900
Laying walk and setting cu1J. 1925
~ s2S7.OO
lO per cent ....... H.. s..... Zo,fO
$315.7O
"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.
"In the demand based on the Wal
lace job" an item of $500 appears for
work also claimed to have been done
by Mr. Hardesty. NJ.
Points Out Law.
THE first sentence of Section / OF
kct 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 l. 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-
tion therefor or proceeds thereof
he is or shall in any way, directly
or Indirectly, as subcontractor
or otherwise, pecunfarily inter
ested. ~.. 5.>.. IT,. -" = i.
The demands based upon the Chat.
mers and Wallace work shows that
there has been a direct violation CT
this law ..... -.
Even were ignorance 81 the law