The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-01-05
AUD|TORHOLDSUP
PAY ON PLUMBING
WORK FOR PRISON
Fisher Will Refuse To Authorize
Further Disbursements To Sem
ator Quinn, Contractor
QUESTIONS LEGALITY or
CONTRACT FOR CONSTRUCTION
Attorney-gener To Be Asked To
Hand Down FormAl DEP
cision In Matter

Because Of question as TO the lie.
gality of n contract awarded 70 Sen
ator r. w. Quinn 30 do plumbing work
at Oahu prison, Auditor J. H. Fisher
Yesterday announced that he would re-
fuse-to authorize any further payments
for the work until the validity ~ tke
contract Is officially passed upon by the
attorney. general y department.
The legality Of the contract, which
was awarded by Charles X. FORBES, SUI
perihtendent Of public works, Is CUES
TONED on account of the fact that
Quinn s now, and was when IL was
awarded to him, a senator of the Terri.
tory, and. IL Is commended that as such
he is debarred from performing any
work for the government.
lodges Question
The attorney generals department
admits that Quinn is unquestionably an
officer Of the government, but refuses
TO make any statement as 20 whether
or not, as such, he Is ineligible under
THE law TO accept q contract 70 do work
for the Territory.
CIT win be time enough TO answer
that question when II Is oficially
brought TO our attention. said Deputy
Attorney General Arthur @. Smith.
81 shall refuse to permit any more
payments TO be made under this con
tract until the matter is definitely
passed upon by the attorney generals
Office and such payments authorized"
said Auditor Fisher. "The next time a
bill is presented in connection with the
contract ! shall refer the whole thing
to the attorney general" n
Questioned Legality
Mr.. Fisher Gdded that when the con,
tract was brought TO him he questioned
the legality, Of awarding II 10 Quinn,
and he himself approved II only to the
extsnt OF acknowledging that there
was money In the treasury to pay FOR
The work !. =, ~ 81 J. y. n 49,
Nevertheless, the sum Of 1890 has
plready been paid to Quinn by the Ter
ritofy. s- gi0s ft
The contract is for doing the plumb
! ing work in the administration build
| ing, bathhouse and laundry at the ter
ritorihl prison. 1t, Ia for 1880 In
addition 20 this, however, there Il q
large amount Of extra plumbing work
which, Wilbur @. Woodward, acting sn.
perintepdent Of public works aays, =
being done by day work, plumber ana
helper being obtained from Quinn.
Barred BY the Law fs
To the layman II would appear that
the law expressly and positively pro.
hibits, under heavy penalties, The
awarding Of q public contract to any
man directly or indirectly connected
with any branch Of the government.
Act l66 Of the session laws Of 1871,
which is section 1853 Of the Revised
Laws, says;
emo officer or employe of the Terri
tory or of any municipal or political
subdivision thereof, shall In any way
directly or indirectly, individually d
Ia combination with others, make 81
authorize, or participate in making Of
authorizing any contract OF agreement
oral ar written, expressed or implied
| for the purchase or sale of any prop
erty or the performance of any worl
by, to or for the Territory or any such
| subdivision, in which contract, agree
ment, purchase, sale, property, perform
ance, or work, or in any payment Of
CONSIDERATION therefor or proceed
thereof he is or shall be in any way
directly or indirectly, as subcon
tractor or otherwise, pecunisrily inter
'sted.l t ff.F f's's.
If the encouragement department
inds that the contract was awarded Il
senator Quinn IN contraventiop Of law
be contract may be cancelled. Sec
ion l69 Of the revised law provide
hat "a violation Of any provision o
section 1913 shall render the contract o
agreement Ia respect of which such VIC
alton occurs null and void"
| The following section. 10. provide
'or severe punishment for violators o
section 1913, II reads:
| "Any person who violates any pro
vision Of section 1853 shall be punishe'
~ fine Of not more than one thou
sand dollars or by imprisonment for no
more than one year or by both sue