Daily Honolulu Press

HAWAIIAN LEGISLATURE.
FIFTEENTH DAY.

House met pursuant to adjournment, at 10 o'clock A.M., the President Hon. J. S. Walker, in the Chair. After prayer by the Chaplain, the minutes of the previous session were read and approved.

PETITIONS.

Hon. member Kaulukou from Hilo presented a petition signed by about 250 Portuguese residents in Waipio, Hamakua, Hawaii, praying that they be permitted on heretofore waste lands in Palolo gulch. That a road be built in the gulch, estimated cost $1,000. That the Government grant gratis to actual settlement on waste lands, homestead lots which shall be exempt from taxes for five years. Grant to be forfeited after five years' neglect of the same. Also, that the Government erect suitable buildings for schools, etc., in the gulch. Also, granting Hawaiian citizenship to all who may not now enjoy it. Referred to Committee on Public Lands and Improvements.

Hon. member Paehaole from Molokai presented a petition from that Island praying that an artesian well be dug on the Island. Referred to Committee on Public Lands and Improvements with the recommendation from Hon. member Castle, that the committee confer with the Minister of Finance on the question before reporting.

STANDING COMMITTEES

His Excellency the Minister of the Interior reported the following bills as printed: An act to prevent the wanton destruction of game. An act to authorize a national loan.

SPECIAL COMMITTEES

Hon. member Dole from the Special Committee to consider the clause relating to the granting of liquor licenses reported back an amended act. Report accepted and amended act passed to its second reading. The Hon. member also reported on two bills introduced by Hon. member Nahiru relating to licenses recommending their indefinite postponement. Report adopted.

His Excellency the Minister of Foreign Affairs presented a printed report on the question of Chinese immigration. Also, in reply to a resolution regarding disbursements on account of military. Hon. member Castle objected to a motion made to have the report printed. Thought it was simply a recapitulation of drafts drawn. Hon. member Dole sustained the last speaker, and confessed to his disappointment at the report. The resolution asked for details of expenditure, and he was of the opinion that it was in the power of the Minister to give the information, and he made a motion to return the report to the Minister.

His Excellency assured both members that they were mistaken in regard to the nature of the report. If they had read it they would have seen that details such as the resolution called for were included in it. Hon. member then withdrew his motion. A motion was passed then to print the report.

Hon. Noble Judd presented the report called for by resolution, giving the details of Household expenses of the Palace during the past two years.

Hon. member Kalua moved that the report be printed. Hon. member Kaulukou wanted the resolution read. The President passed to "Resolutions," under which head His Excellency the Attorney-General gave notice of his intention to introduce an Act to enable the Minister of the Interior to convey to the Roman Catholic Mission certain lands. Hon. member Kaulukou thought the President premature in passing to Resolutions. He repeated his motion. On motion the rules were suspended and the report read. It recited such purchases as poi, milk, S. J. Levey & Co., rice, Waller and Sailing of household. The reading of the report was interrupted by Hon. member Thurston making a motion that the interpreter be permitted to read the balance after the House adjourned. The total being called for was read as $28,284.25. Besides the above Hon. Noble Judd stated that other bills for brooms, dusters, clothing, etc. had been paid from the Privy Purse. He called the attention of the interpreter to the endorsement of approval of the report by his Majesty. Forty minutes was then passed in trying to dispose of the report, which was finally left to be printed. House then adjourned until 1:30 P. M.

AFTERNOON SESSION.

Hon. member Dole gave notice of a bill to provide for descents of property of intestates. The Hon. member also read a resolution that the Minister of Foreign Affairs report on the mission of Mr. Daggett to Washington and its result. After remarks by Hon. members, Hon. member Aholo called attention to the fact that the hour devoted to resolutions had passed. The President stated that the member from Hana had asked for a week's leave of absence. Granted.

Upon motion the House took up the Special Order of the Day-consideration of the Appropriation bill-and the House went into Committee of the Whole, Hon. Noble Cleghorn in the Chair; a motion of Hon. member Brown to postpone the consideration of the bill one week being lost. The discussion that arose on the item "Interest on Japanese Fund $3,000," occupied the time of the House in the afternoon session up to 3:45 P. M., the item being finally passed as in the bill.

The debate that took place on the item was confined exclusively to the foreign element in the House. Hon. Noble Rhodes was still of the opinion that some explanation should be made by Ministers of the meaning of the fund. He had understood that considerable sums had been paid people from this fund, but saw no provision made in the Appropriation Bill for the disbursement of the moneys received from the Japanese. The fund appears among the assets of the Kingdom and cannot therefore, be paid out without authority from the Assembly.

His Excellency the Attorney General in reply, stated that the Government had made itself the custodian of this fund, and though he had not been asked formally for his opinion yet he was cognizant of the facts and had told the Government that not only were they perfectly at liberty to take charge of these moneys, but there was no reason for their refusing to take charge of it. The Hawaiian Government had concluded a Convention with that of Japan by which emigrants from that country had come to this. In negotiating that Convention one clause insisted upon by the Japanese Government was that by which this Government agreed to become the custodians of this percentage of the wages of Japanese coming here as laborers.

The treaty made with Japan had all the force and solemnity of law. It changed no existing law, and under its terms the Government had a perfect right to take charge of these moneys.

Hon. Noble Rhodes said that he did not question the right of the Government to receive the money, what he wanted to know was what right they had to pay any of it out again.

His Excellency the Attorney General went on to say that if the Ministry had not been bound to act as they have in the matter they would not have done so. As it was negotiations were now being carried on to have that clause in the Convention, by which the Hawaiian Government became custodian of the Japanese employed here, wiped out.

When certain items had been placed in the Appropriation Bill it was discussed by the Cabinet whether this item of Japanese Fund should be placed in there or not; and finally the Minister of Finance had decided to place in the bill the bare sums needed, leaving the whole subject of the Japanese fund to Legislative action, when it comes to discussion of appropriations from the loan fund. The Government allowed interest on these moneys, but they did not constitute a special deposit. They were part of the general fund, and the Government can pay out of the general fund for any legal object. The money was placed to the credit of the general fund because there had been no legislation on the subject.

Hon. member Dole was glad to have the explanation given by the Attorney General. They now had the legal standpoint of the Ministry in this matter. He was glad, also, to see His Excellency the Minister of Finance present. He would ask him whether any of this fund had been paid out or not.

His Excellency the Minister of the Interior rose to explain that all details regarding this fund were taken care of in the office of the Secretary of the Board of Immigration. The Treasury was and is the custodian of the funds. The amount was treated the same as that of a deposit in a bank to any one account. The Japanese Consul was authorized to draw against the account and duplicate checks were given for amounts so drawn and charged to the account.

Hon. member Dole was of the opinion that the Ministry had acted in this matter without law. They had paid out moneys without authority, and proposed to do so again. If any dispute arose between this Government and that of Japan we could not even show them an account. The course of the Ministry had been reckless and illegal. He would, however, vote for the item to save the honor of the country.

His Excellency the Attorney General was of the opinion that the arguments brought forward by the Hon. members who had spoken were in a great measure brought out by a spirit of opposition and fault-finding. They were in the habit of objecting to everything, and like the chronic grumbler who at last reached heaven and growled because his halo did not fit him! The gentlemen had however condoned their fault by gradually but gracefully giving in their verdict in favor of the item.

The items. Salary of Collector Gen'l $8,000; Salary of Deputy Collector $6,000; Salary of Harbor Master, Oahu, $6,000, and Salary of Statistical Clerk $3,600, were passed without debate. On the next item Salary of Port Surveyor, Oahu, $3,600, was, on motion of Hon. member Paehaole reduced to $3,000, and passed. It was argued that as the duties of this officer were principally to prevent smuggling of opium, and that as there had been seized in the last two years $25,000 worth of that drug, of which sum this officer and those who assisted him received one-half, there was no need of any increase in the salary over other years.

On motion of Hon. member Dickey the item Salary of Storekeeper $4,000, was reduced to $3,600, and the new item of "Assistant Storekeeper $2,400" was laid over until a Committee of two could report upon the necessity of such an officer; Hon. Noble Bishop made the motion which was adopted. The item Salary of Second Statistical Clerk $3,000 was passed but the next item that of Third Statistical Clerk $2,400 was laid over and referred to same committee of two.

Hon. member Thurston's motion to cut down the item of Entry Clerk from $3,000 to $2,400 was adopted, and the Second Entry Clerk, who has precisely the same duties to perform as the Entry Clerk was given the salary asked for $2,400.

The following items were then passed with the accompanying reductions: Salary of Collector Kahului from $4,000 to $3,000. Collector at Hilo from $3,600 to $3,000. Collector at Mahukona from $3,000 to $700. Collector at Kawaihae from $300 to $100. Collector at Koloa from $200 to $100. Collector at Kealakekua from $200 to $100. Salary of Port Surveyor at Kahului from $2,400 to $2,000. The Salary of Port Surveyor at Hilo was allowed to remain as in the bill at $1,500. The item of Keeper Steamer Warehouse $1,200 was referred to the above committee of two, and the items of Keeper of Kerosene Warehouse $1,500 was cut down to $1,200. The item of Assistant Guards at all Ports $20,000 was deferred until the Finance Committee make their report, and the last two items of the Finance Department, viz.: Custom House Boat $1,200, and Incidentals Customs Bureau $5,000 were passed. The committee then rose, reported progress and obtained leave to sit again. Before adjournment the Chair appointed Hon. member Dole and Minister Kapena as committee of two to enquire into certain items in the Appropriation Bill. House then adjourned to 10 o'clock this (Tuesday) morning.