The Hawaiian gazette., 1917-08-31
Declares Legislature Violated Act
In Passing Special Law Per-
misunderstanding ofcontract
NO CHARGE is MADE
III or UNDUE PROFITS
No bids Were Called For and Ho-
noIuIu Contractors Given No
Chance TO Compete

Edward r. Fogarty, foremnn, pre-.
scented 70 Judge Heen in the circuit
court yesterday the report on the find
ings OF the Territorial grand jury In re-.
gard to the awarding of the contract
by the public works department to
mainland firm for the moving Of the
three-story brick warehouse of Theo
u, Davies 4 Co.
This matter has been under consider
alton Of the grand jury for several
months and II has beon well aired. The
grand jury In its report makes no rec.
ommcndation and says that there Is no
charge on its part t'that undue profits
have gone to any one in this work. - Z
The jury, however, criticises the
methods pursued in passing the law un,
DER which the letting Of the contract was
authorized, which, II says, was a direct
violation Of the Organic Act. On this
score the jury says e - ,we re.
sFcctfully point out that securing the
enactment Of sp' cial legislation ignor.
ing the Organic Act aud the common
statutes is hnwise public policy, to say
the least.p =
The report. in foil, Is as follows:
Grand JuryAs Report et
Nf'Yonr grand jury. ut the request OF
number Of business men of the city
undertook some weeks ago to make ar
inquiry into the contract for the re
moval of the Theo H. Davies & Co.
brick warehouse now on it's new site on
lower Bishop Street. IL. 4. (. /
y 1" We find that this was authorized by
Act l67 of the Session Laws of 1917, o
copy of which act is hereto ATTACHED
and made a part of this report. Is.
"Tbe criticism mp6e of this transae
tion was that no bids were called for.
and thot no opportunity was afforded
Honolulu contractors 20 compete for tho
work. We learn from the ofIice of tn
superintendent OF public works that ar
rgont Of that department was sent 81
San Francisco and closed the arrange
ment for tnovipg the brilding 9th on:
firm thetp without call for truders, and
thft this transaction was approved by
the Office here. s.-sNa.1 ).
owe attach herewith a copy, of Sec
tion As Of the Organic Act of the Ter
ritOry of Huvaii, which says. that each
law shelf embrace but one subject
which shall be expressed in its title
This section of the Organic Act is en-,
tirely ignored in Act 1877. IA'84'
1--WE also hand yon q copy of Section
l4lS Of the Revised Statutes, 1915, re
2 quiring the solicitation of bids by ad,
vertisement where the public expendi.
ture Is to be more than $1,000. This
law was also repealed by implication,
or ignored entirely in the passage of
Act l67. In the title of Act 1857 there
is no mention of the Organic Act, Sec.
tion As, or Revised Statutes, Section
l4IS. :
-"This grand jury, through a commit:
tee. inquired of the chairman of the
finance committees of both the senate
and house of the 1917 legislature and
learned that this Act l67 was reported
on favorably at the urging Of the then
superintendent of public works, pre-
sumably on behalf of the administers
tiOn.
Governors View of No Effect .....,
Herewith is q letter from the Gov.
erpor Of the Territory addressed to the
Civic Convention at Wailukn. Maui
the month of October, 1914, which gives
views on public or special work within
the Territory that rather conflict with
the passage and approval of this
Act 1877. ~ /
"We attach to this report also two
marked pages Of mainland engineering
papers carrying advertisements for the
construction of q steel bridge under the
authority of the Kauai Loan Fund Com
mission. The result of this advertise
ment was that proposals were received
from one mainland concern and from
three local concerns, and the contract
for the steel bridge was awarded to Q
local concern. a.... b
.The result might have been some,
thing of this character IL advertise
ment had been made for the work au-
thorized by Act 1877. 'sN
"We submit to you also copy of
letter from an engineer of Honolulu to
the firm interested in the moving of
this warehouse, which shows that it was
at least possible to obtain here speci.
fcations for the removal of the build
ing, and we believe that had advertise.
ment been made, bids would have been
submitted locally. ~. ..
Job Gould Be Handled Locally
".The final exhibit of this report is a
marked page containing an advertise
ment of house-moving concern at Pitts
brugh, Pennsylvania, showing by illus.
tration the removal Of three story
brick building, forty four by eighty.
five, which was raised 1853 feet and
moved 500 feet up hill.
1--WE gather from this and many
other advertisements and news items
that removal of brick buildings is a
rather common occurrence, and that for
this reason the work just finished, if adj,
vertised, would have been the subject
of close competition, as we are in
formed the original estimate of the su
perintendeHt Of public works here wai
several thousand dollars below the ap
preparation. .f.. ..,". s.. .. .
"There is no charge on the part OF
your grand jury that undue profits hav,
gone TO anyone in this work, but we no
specifically point ont that securing tn,
enactment of special legislation ignor
ing the Organic Act and the Cannon
statutes, is unwise public policy, to sa,