Newspaper Page Text
itw " miiw'ii-n" "w""11 1"1
TIIK WBXK&Y HItO TRIBUNR, HXI.O, HAWAII, FRIDAY, APRIL t, 1904,
"1 Roughed It"
Many of 11 . have- to work hard nil day
long. Wo cannot euro for oimolvos at
wo woulil. So wonder our blood Rots
out of onlor, hocotnus thin and Impure.
This produces l)nlM,nrtiitinii5, ncrvmis
uoss, Imliuatlon, 11ml Hi cat weakness.
II f i 1 I
Wd liiM! fill v':otf2tniili nml letter frnn
Jlr. I0I111 IIIiit, or Wiigcn Mjpiri N w
Boutli Wiles. liOMluri'lnll wli tl.nu4i
" I Invn io""inl II 1 !... 1 Ml. intnliip,
orl:lnj In Miiniii. fiml ( it U t, i 'il
hme often (ltd Vimr Intel. V litoitil fi
qucntly liooiilrii'i Im, "t null I l.'o" rrtl'!ii,4
IJnll", ninl liocoine ('nir.ill' run 'n i.n'
Ayei's N.ri n 11 i ii "- tii" ' ti" o n
tlmo, mnl.es my Moid ; i.. t , . u'.n iw
Tbcro are many iniltutlun " HtraaparllLic."
Ho sure you get Ajcr a.
Tako Ayer'a 1'llls with tho Rjrsaparllla.
They nld In purifying the lilood ; and they
cure cointliatlon anil hllioniinesa.
Prtpired by Dr.J.C.A)erCo.1Lowcll,.Mtu.,U.S.A.
For Sale by HILO DRUG COMPANY;
Draught Boor IO Conts
When you need a drink call
at tlie KEYSTONE, corner
Front aud Pouohawai streets.
A first class line of
always on hand.
Open from 5 A.M. to 11 P.M.
At Moderate Prices.
Mixkd'and Fancy Drinks
Honolulu Primo Beer
Ten Cents a Class
JAS. M. CAMERON'
Mr. Ciiuierot' is jnepan-l to give esti
malts on all kinds of Plumbing Work
and to guarautee all work done.
.Baby Foods and
Hilo Electric Light Co., Ltd.
Houses Wired and
In accordance with the rules of the Na
tional Hoard of Fire Underwriters.
A complct stock of
Fixtures, Shades, Table, Bed ami Desk
Lamps, etc., always on hand.
Fan Motors . . . $15
Fan Motors, swivel frame, 8
Sowing Machine Motor 20
Power for operating them f I a mouth
Installation charged extra.
16 C.-P. Lamps, 25c Each,
Cash, at tho Works.
Estimates furnished on all classes ol
Electrical Work and Contracts taken to
install apparatus complete.
CO o w
J. Ivancovich & Go.
SAN FRANCISCO, - CAL.
and OTHER ISLAND FRUITS
Call at Tribune Office
.uiuuuuuuuiuiuiMuuMUigBJg. "CfinsS S
II. KKMI.VI.Ii WINS.
.luillTP llflloll (II)i-h llllo Mini I'ci'.
IIoiiolulii, March 23. JihIbc Wu
Holt tlii.s moriiiiiK grnnlcd Herbert
Kciidall's pelilion fur n peruiniient
iiij unction restraining the Superin
tendent of Public Works and Lucas
Uros. from entering into a contract
for the construction of Laliainalunu
Following is the greater portion
of the decision, which explains itself:
This is a bill in equity for an in
junction to restrain the respondents,
C. S. Holloway as Superintendent
of Public Works and Lucas Uros.
as contractors, from entering into a
contract about to be awarded by the
former to the latter according to
amended specifications for the cons
truction of n school building aud
two dormitories at Lahainaluna,
Maui, for the sum of $35,516.
As a necessary and preliminary
step in the construction of the build
ings the Superintendent of Public
Works caused "public advertise
ment for tenders" to be made.
The original specifications refer
cd to in the advertisement provided
that, "Contractors in bidding on
this work must include in their bids
the cost of inspection of the entire
work at $4 per day. The inspector
will be appointed aud be under the
direction of the Superintendent of
Public Works. The amount neces
sary to pay inspector being deducted
from contract price."
Subsequent to tho date of the ad
vertisement for tenders aud before
the date s:t for the opening of the
bids, the Superintendent of Public
Works, without re-advertisement,
changed the specifications by elimi
nating therefrom the above men
tioned provision or item of expense.
Lucas Bros, aud all others, of
whom the Superintendent had ac
tual knowledge of their intention to
put in bids, were personally notified
of this change in the specifications
and they put in their bids on that
basis. The petitioner, however,
received no such notice, the Super
intendent not knowing of his inten
tion to put in a bid, aud, therefore,
he put in his bid in accordance with
the original specifications at the
sum of $36,235. But this matter of
personal notice, or failure thereof,
or that there was no fraud or favor
itism shown, are, in my opinion,
totally immaterial to a decision of
this couse. Neither do I deem it
of any importance to determine who
was the lowest bidder.
The sole question which I deem
decisive of this case is whether or
not the proposed contract can be
legally entered into, there having
been no rendvertisemeut of the
change in the specifications; in
other words, there having been no
"public advertisement for tenders"
on the contract proposed to be
If the Superintendent of Public
Works, after such "public advertise
ment For tenders, is at liberty to
make one change in the plans or
specifications without re-advertisement,
then, upon the same princi
pal, he may make other changes,
no matter how great, and award a
contract thereon accordingly. This,
in my opinion, is in direct conflict
not only with the statute, but with
miblic policy. .and cannot be recou
.,i7,i imnn m.v ttipnrv onniePi,t
iiftfwva &ui j fcww j
with a fair aud impartial adminis
tration of public affairs. In the
matter of awarding public contracts
there should be the fullest aud most
ample opportunity for competition.
Such a doctrine as contended for on
behalf of respondents would open
wide the door to corruption, fraud
and favoritism. I fail to see why
the principles which are applicable
to the awarding of the contract in
the first instance, aud the observ
auce of which principles are deemed
so vital and essential to the validity
of the contract, are not equally ap -
plicable and essential to any change
resulting in another or different
contract. In the case at bar the
Superintendent of Public Works, in
the first instance, under the require-
j ments of the statute, duly caused
"public advertisement for tenders"
, to be made for the purpose of award
ing a certain contract according to
nwnrding the contract so wnVcrtised,
he now, without such mlvcrtlse
ment, proposes to award another
contract. In my opinion, for the
rctions nlready stated, the proposed
contract is clearly ille'gal and the
awarding of it, under the circum
stances, would be contrnry to public
policy as well as the statute.
"Whcvc the municipal authorities
are required to advertise for bids
aud let a contract to the lowest
bidder, they are not at liberty to
award a contract different from that
advertised." Id. 1169.
The proposed contract being ille
gal, the prayer of the petitioner for
a permanent injunction to issue
restraining the respondents from
entering into or signing the said
contract is granted.
Will l'luce licforo Legislature
Honolulu, March 23. Governor
Carter for the next two weeks will
be closely engaged making ready
for the quick handling of work by
the Legislature in special session.
After today, in order to devote as
much time as possible to the con
sideration of plans to be submitted
to the lawmakers, the Governor
will see no one after the noon hour.
Interviews with those who have
personal business with the govern
ment, aud others, will be confined
to the morning hours.
Seen this afternoon, Mr. Carter
stated that the time was short be
fore the meeting of the Legislature
aud he had his hands full to get in
shape statements to be submitted,
drafts of bills, aud so forth.
"If we want the Legislature to
net quickly," said Mr. Carter, "we
must have ready facts and figures
to lay before it as soon as it gets
"There will be a meeting of the
Board of Health, of the Board of
Education and of other boards for
the purpose of considering the best
means to keep their respective ex
penses down as low as is consistent
with efficiency. All departments
must go over their expense lists
aud determine wherein they can
"One thing, however, is certain,
aud that is that we must not inter
fere with the efficiency of govern
ment work. Wc must look to cut-
tillg out thc luxuries of our system
of government without affecting the
proper management of affairs.
"Take thc garbage and sewerage
matter, for example. Honolulu
got a sewerage system cut of bonds
for which the whole Territory was
liable. This branch of the Govern
ment should be made self-support
ing; those who have the benefit of
the system should be made to pay
for it. In any other community
adjoining property would have to
pay for the sewer privileges.
"Then we have been going on a
bciiificent theory in regard to litiga
tion. There was a case recently
where corporations worth millions
j paid but a few dollars in court costs
liu certain litigation. The actual
costs of the proceedings were paid
by the taxpayers. Why not make
the litigants pay. In California a
plaintiff deposits so much each day
of the proceedings for costs of court.
- ! If lie wins he gets his money back;
defendant pays. If he loses his
deposits are forfeited.
"It is a question whether we
want increased taxation or whether
we will consent to do away with
some of these beneficent matters
that return nothing to thc Govern
ment. "In regard to the Molokai settle
ment, I have heard of extravagance
"No one begrudges the unfor
tunates anything to comfort them,
''t wastefulness cannot be tolerated,
' 1 !1I looking to the matter,
1 " -"
I Wiiooi-ING Cou,gh if neglected,
J lcatls t ,uore serious diseases,
Chamberlain's Cough Remedy will
'keep the cough loose, allay the irri-
tatiou and counteract any tendency
! toward pneumonia. It always cures
' "! cures quickly. The Hilo Drug
- 1 Store sells it.
Subscribe for the Tkihunk
Island subscription $2.50 a year.
HAND MADE SADDLES AND HARNESS
RICHARDS &. SCHOEN,
HiSo Harness Shop, Hilo, H.,l.
To call yottr attention to a new collection of
Hawaiian Songs just published by us cutitled
"SONGS OF HAWAII"
This collection contains a number of old Songs
and Hulas never previously published. This
book is beautifully illustrated. Price $1.50
postpaid. Order direct of thc
BERGSTROM MUSIC 00, Honolulu
Box 576, Honolulu, T. H.
J. C. Ohlandt,
N. OHLANDT & CO.
Of Eoery Description.
Sulphate of Potash,
Sulphate ol' Ammonia,
Alaska Fish Scrap,
High Grade Tankage.
SAN FRANCISCO, CAL.
127 Market Street.
Certificate of Analysis accompanies our shipments, which wc guarantee
to be correct.
Agent for the Hawaiian Islands
ORDERS FILLED AT SHORT NOTICE.
Enterprise Planing Mill Company.
GEO. MUMBY, Mr. Pront St., in rear of Hilo Mercantile Co's RuililinK
Plaulng, MouloinR, Scroll Work anil all kinds of Turned Work, Window Frames, etc
WATER TANKS A SPECIALTY. Household and all kinds of Furniture,
Store Fittings, Counters, etc., made to order. Cross-cut Saws re-toothed and
made as good as new, at easy rates.
Manufacturer of School Seats, Chinch
The Old Reliable Stnnd is
Razors honed, Scissors and all edged
tools perfectly ground. Satisfac
WM. G. IRWIN & CO., Ltd.
Sole Agents for
National Cane Shredders,
Alex. Cross & Sons' Sugar Cane
and Coffee Fertilizers.
and Dkalkrs IN i
I Muriate of Potash,
; Nitrate of Soda,
I Double Superphosphate
Indiana & Yolo Sts
Pews, and Redwood Guttcis, all sizes
SL 5. S
a o I
n a mm.
PACIFIC TRANSFER CO.
Handle ami Store U AG GAGE
126 KINC ST. HONOLULU
Phone, Main 5'
c '. j