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Sec. 3. This Act shall take effect from and after the date of its publication. Approved this 15th day of March, A.D. 1895.
SANFORD B. DOLE,
President of the Republic of Hawaii.
Minister of Foreign Affairs.
Act 26.-An Act to provide for the Judicial Inrestigation of Claims against the Hawaiian Gorernment.
Be it enacted by the Executive and Advisory Councils of the Republic of Hawaii :
Section 1. The Supreme Court shall have exclusive jurisdiction to hear and determine the following matters, and shall determine all questions of fact involved without the intervention of a jury :
1. All claims against the Government founded upon any Statute of the Republic, or upon any Regulation of an Executive Department, or upon any contract, expressed or implied, with the Government, and all claims which may be referred to it by either House of the Legislature : Provided, however, that no suit shall be maintained, nor shall any process issue against the Government based on any contract or any act of any Government officer which such officer is not authorised to make or do by the laws of this Republic, nor upon any other cause of action than as herein set forth.
2. All set-offs, counter-claims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever, on the part of the Government against any person making claim against the Government under the provisions of this Act.
Sec. 2. Upon the trial of any cause in which any set-off, counter-claim, claim for damages, or other demand is set up on the part of the Government against any
And the said Petition shall be verified by the
Sec. 3. No person shall file or prosecute as aforesaid any claim for or in respect to which he or any assignee of his has pending in any other Court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of.the Government.
Sec. 4. Aliens, who are citizens or subjects of any Government which accords to citizens of this Republic the right to prosecute claims against such Government in its Courts, shall have the privilege of prosecuting claims against this Government as aforesaid.
Sec. 5. Every claim against this Government, cognizable as aforesaid, shall be for ever barred unless the Petition setting forth a statement thereof is filed in the Court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within two years after the claim first accrues : Provided, that the claims of persons under legal disability shall not be barred if the Petition be filed in the Court or transmitted, as aforesaid, within one year after the disability has ceased.
Sec. 6. The claimant shall in all cases fully set forth in his Petition the claim, the action thereon in the Legislature or by any of the Departments, if such action has been had; what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested; that no assignment or transfer of said claim or of any part thereof or interest therein has been made, except as stated in the Petition; that said claimant is justly entitled to the amount therein claimed from this Government, after allowing all just credits and off-sets; that the claimant, and, where the claim has been assigned, the original and every prior owner thereof, if a citizen, has at all times borne true allegiance to this Government, and, whether a citizen or not, has not in any way voluntary aided, abetted, or
given encouragement to rebellion against this Government, and that he believes the facts, as stated in the said Petition, to be true. affidavit of the claimant, his agent, or attorney.
Sec. 7. Any person who corruptly practices
Government; and it shall be the duty of said Court, in such cases, to find specifically that such fraud was practised or attempted to be practised, and thereupon to give judgment that such claim is forfeited to this Government, and that the claimant be for ever barred from prosecuting the same. Sec. 8. No interest shall be allowed on any claim
up to the time of the rendition of judgment thereon by the Court, unless upon a contract expressly stipulating for the payment of interest.
Sec. 9. The Judgments of the Supreme Court in all matters brought before it under the provisions of this Act shall be final.
Sec. 10. This Act shall take effect from and after the date of its publication. Approved this 16th day of March, A.D. 1895.
SANFORD B. DOLE,
President of the Republic of Hawaii. FRANCIS M. HATCH,
Minister of Foreign Affairs.
Honolulu, April 12, 1895. With reference to my despatch to your Lordship No. 14 of the 7th March, 1895, I have the honour to inclose a copy of the form that it was necessary for prisoners to sign who were released from confinement on condition of their leaving the country. I was not able at the time to procure a copy of this document.
I have, &c.
A. G. S. HAWES,
Copy of Document signed by Prisoners who obtained their release on condition of their learing the Country. WHEREAS I.
am now held in confinement of complicity in the recent insurrection against the
leave the country not to return provided the said Government shall in its clemency consent to such expiation, now therefore I the said
in consideration of the consent of the Hawaiian Government that I shall leave the Hawaiian Islands immediately upon being released (it being understood and agreed by me that said charge is in nowise withdrawn nor in any sense discontinued) do hereby agree that when allowed to leave the custody of the Marshal I shall and will leave the Hawaiian Islands by the
leaving Honolulu for
and will not return during my lifetime without the written consent of the Minister of Foreign Affairs or other officer having charge of said Department, approved by the Marshal. Witness my hand this dav of
Mr. Haues to Mr. Hatch.
Honolulu, August 26, 1895. HER Majesty's Government have had under their consideration in communication with the Law Officers of the Crown the proceedings of the Hawaiian Government against British subjects for complicity in the recent rising in cases where the persons in question have suffered arrest and detention under the powers conferred on the Executive by the proclamation of martial law, without having been brought to trial.
The cases in question which exhibit the same general characteristics, viz. arrests on suspicion of complicity in the revolution; more or less prolonged detention in prison ; some severity of treatment while so detained; and inducement by undue pressure to leave the country, were these of J. B. Johnstone, Charles E. Dunwell, James Brown, Lewis J. Levey, M. C. Bailey, F. H. Redward, Thomas W. Rawlins, Arthur McDowall, F. Harrison. C. W. Ashford, G. Carson Kenyon and Edward B. Thomas.
In the case of J. B. Johnstone Her Majesty's Govern
that he could not face a trial, which was reported to Her Majesty's Government on the 7th February last, being considered practically tantamount to an admission of guilt on his part.
The explanations your Government offered in the case of Charles E. Dunwell are already in the possession of H.M. Government.
In regard to the other persons above mentioned I am directed by Her Majesty's Government to express to you their desire to be acquainted with the contention of the Hawaiian Government as to the cause of arrest in these instances and the reported vigorous treatment, and generally as to the rights and wrongs of these proceedings; with that view I have the honour to enclose extracts from the sworn statements of the above named British subject bearing on the points to which Her Majesty's Government have asked your attention.
I have, &c.
A. G. S. HAWES.
I, JAMES BROWN, of Honolulu, declare upon oath that I was arrested on the 9th January about noon by D. H. Davis and taken to the Station House; no charge against me was made, and no warrant for my arrest produced.
In answer to my question for what I was arrested, a clerk at the Station House said “for safe keeping." About 3 o'clock in the afternoon I was taken with others to the prison, and put into a cell there with another man, here I remained for two weeks being allowed four hours' exercise daily. Then I was put into a separate cell, and for three days I was allowed only half-an-hour out each day, and not permitted to speak to any of the other prisoners. On the night of the 25th January, at 5 o'clock, Mr. Kinney came, said he was sorry to see me in this cell,