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.rv " r l V LT. VkB lBV BK i-7 J. W m (sHriFT T7 TJ-. IB 39 i kkH S V l N. kW JMft' T ' H kkVh kkB T ,& " H iri kV Pr- . kH jj i, kM T rM (TT - ''" "j?LyhJ? V'.' I- . ! K In THE BREWER'S 'WHARF CONTRA X 1fU -.1. !"' - 1 w' k-" - -, --., - -. - - -". - " F w , , .'"1 "U" , v . r Session Marked by Striking Testimony and Lively Tilts Between Gil-man and Holloway. Tke Brewer's wliarf contract was under firo last evening nt a meeting of the Hoiibo Committee of Public Expenditures. The mcotinf; was by a largo number of men interested in contracts in general, whilo those diroctly interestex' Mr. Gilman of the Hawaiian-American Engineering and Construction Company, and the Superintendent of Public Works, J. W. 3Iuso or Ililo, -wore presont in person, and wore also represented by attorneys. Tho investigation was not ended Inst evening, as Superintendent Holloway lias half a dozen witnesses 1o place on the stand tonight. Mr. Oilman and Mnrston Campboll were tho principal witnesses last ovoning for the Hawaiian-American Engineering and Construction Co. Thcro wero ono or two sharp tilts between Mr. Gilman.nml Mr, Holloway. A statement was mado by tho Hawaiian-American Engineering and Construction Co. in regard to a number of enterprises it had engaged in on of tho Territory, among them being cited csDocially tho Brewer's wharf contract. Tho company slated that on Tobruary 20, 1U04, it was tho lowest .and successful bidder for tho Browor wharf, which was contestod by John Xucas, and otentually lost to tho K. & 0. Co., incurring n total loss -to them of $-8,000, for supplies, labor, etc. They asked for reimbursement for losses sustained nnu that tho Territory purchase tho now on their hands. D. L. Withington said ho represented K. &. C. Co.; L. A. Thurston said he represented tho Hilo Co., for tho supplies furnished, and JMr. Pressor said ho represented Superintendent of Public Works Hollo-way. MB. WITHINGTON TALKS.' Mr. Withington said that a contract on March 5 wns to remove tho old Brewer whnrf and for building tho now wharf and shed, for tho sum ot $38,70(X Ho said shortly afterward John Lucas said that tho law had not beon complied with in advertising for bids, and tho Supromo Court upheld this viow; that with roforenco to tho old piles it rested with tho Superintendent of Public Works ow many of theso could bo used. This caused It was uncertain, not found as meaning any imputation. Tho work -was stopped bv law. Tho H.-A i:. & C. Co. had, however, removed tho old wharf beforo tho of tho Supremo Court, and supplies hnd nrrivojil. Then when tho second advertisement for bids was mado public it was found tho specifications contained somo surprising provisions, and tho H.-A. E. & C. Co. could not 7id. It wns charged that tho lumber of the H.-A. E. &. C. Co. was pronounced not of merchantable qjnlity. Mr. Withington said tho lumber enmo through the Hilo Morcnntilo Co., and was originally purchased on tho coast. Tho lumber was exported. It was nt $10,700. The result of tho ox-port, in measurements, showed a smnll shqrtago in such measurement, amount ing intrinsically to about $J0O. As to tho 1 1-2 inch lumber, it wns good, but thcro was Homo poor mill work on it. I The valuo of tho 1 1-2 inch stuff, how-1 over, has been taken out of tho bill 1 brought against tho Territory. All I tho lumbor was inspector roro by a representative of tho Pacific Coast Iiumber Association. Mr. Withington fiaid he had witnesses to substantiate his statements. The original specifications were of tho kind which prevail in wharf contracts on the coast, but for the second 1id tho specifications wero needlessly changed, so that tho bids went up to $57,000. Their original bid had beon 37,000. Instead of merchantable tho second call for bids called for "speeial'' lumber. As to tho bids, tho lowest new bid ad not been The cargo of lumber has beon thrown back upon their hands without any fault of tho company. MB. THUBSTON HEABD. L. A. Thurston wished to explain why thoy came to tho Legislature instead of tiio courts. They wero helpless, to go to the court. Thcro is nothing to provont tho Territory to call for tiny kind of method for building tho wharf. They could cnll for brick or concrete whnrf. did call for "merchantable" lumber. That lias lxen changed. "Merchantable" lumber is the kind that has always been used here, as well as on the coast. The same with copper. Heretofore it was Therefore It is an injustice : k;vr'r ymM.u -.. J v , , 1 . 1 - -- ISEXAAINED -,-, 1 . . , HONOLULU' & BbTfUES?) Xl?Rlfevjj 1905- : t to change to although tho Territory can do so if it wants to. Under tho circumstances, being power less beforo law, tho company appeals to tho Legislature. ME. OILMAN CALLED. Mr. Gilman, manngor of tho H.-A. E. SL C. Co. wns thon cnlled. Ho tolrt of the making of tho contract. He did not know thero was anything wrong w ith it. Tho company pulled up tho old wharf. Tho supplies wero cabled for to Mr. Amwcg nt San as soon as tho contract wns signed. Tho company has never received any pay for what it hns done. Tho company had exponded in cash on the contract $2,857.-l. The total valuo of tho material bought and remaining on hand, wns $21,944.80. A bnro contractor's profit on tho wholo job would bo but 15 per cent. Tho lumber nrrived on tho schooner Irene, and it wns inspected by Mr. Whiteside. Tho valuo of tho cargo was $1G,8S4. When tho specifications wero changed tho entire supplies on hand were useless. Mr. Prosser at this time asked if Mr. Gilman could not filo a written statement of tho changes alleged, and 110 would 1110 a copy ot tiio prignni contract. Mr. Prosser asked Mr. Gilman if tho lumbor cargo was inspected at San Francisco. Ho replied it was not, but had beon nt Portland. Mr. Prosser, showing a copy of tho manifest, asked whether thcro were any 14-inch piles on it. Ho nnswered that thcro were, but they wero mostly 13-inch. Ho stated, however, ho had beon tod by tho department that an incli lcowny was allowable. "Have you that in writing!' asked Mr. Hollo'wav. "No," was tho reply, r "What was tho qualiiy of lumber furnished for tho planking of tho wharf f" was tho inquiry. "What was the survey!" "I enn't say oxnctly." "Then your survoy don't show anything!" "I don't sav so," "Didn't vou know what you wero gotting!' pursued Mr. Holloway. "Not personally, no; Mr. Robertson mado tho survoy." "Of vour own knowledge, you don't know!" "No, sir; I relied on tho reports of Mr. Whitesido nnd Mr. Robertson." Tho inquiries beenmo heated at this juncture, Messrs Holloway and Prosser working alternately. Mr. Holloway asked if somo of the coppor was not used on tho Fort street wharf. Mr. Gilman replied that somo pieces hart been. Ho had remaining "moro copper than would bo called for under tho second specifications. Ho had GG 1-4 pieces on hand. Mr. Holloway said that tho reason for asking for coppering tho ontsido piles was because of steamers rubbing up against them. "I would like to ask you who your informant wns as to how much I havo on hand!" "Oh, you havo put in a claim; that's how," said Mr. Holloway. "You did not know who tho lumber wnB for when tho Irono arrived, did you!" "Why, yes; tho captain began discharging on receipt of a letter from tho coast which I showed him." "You haven't paid for tho lumbor yet!" "No; but I am1 responsible for it." "But you don't own it!" "I am responsible for it; tho own-ors nro hero. ' "Didn't vou go to nackfeld nnd try to sell it!" asked Holloway. "I did not." "You didn't try to got them to Hid on it!" "I did not." MABSTON CAMPBELL CALLED, Maruton Campbell was called by Mr. Thurston. He had been Assistant Superintendent of Public Works up to March 4, 1004. Ho draftod specifications for tho Quarantine, Inter-Island, Soreneon s, Hackfeld and Brower's wharves. Ho checked the specifications for tho nilo dock. Theso were approved, ho thought, by the Superintendent. Ho1 had had twelve years experience in constructing wharves) in San Francisco and Oakland. Ho said that "merchantable" lumber was used in almost every wharf construction he was connected with. Ho showed 'Terry Slln A," San Francisco, specifications, recent work, which called for this same class of lumber. In tho local specifications only merchantable lumber has been called for oxcept in the second Brewer coll for bids. WPWWWI'ilWWM I LI U If I L ill U.U U fTX ", 1 jH.. ." "5 -H 6oxooooo ooooooxoooo&ooooxxooo ' - Iteb. X REPRESENTATIVE PI HM, WHO SEEKS TO X AVOID AN EXTRA SESSION. , X 0XK00?0CXXX0XOC0000050 The Senators Settle Down to a Long Day and Get Through Amount of The Senate put in a long day yesterday, getting through with a considerable amount of business, not the least important part of which was the passage on second reading of the amended licence bill reported from the Bishop special committee. Also, the President of the Senate discovered an irregularity in the manner of the passage of joint resolutions which will be corrected hereafter, and the Senators had a visit from Ex-Congressman Gillett of Ncw York, chairman of the Buildings and Grounds Committee in the last House of Representatives. The House likewise settled down to business yesterday, and got through with a fair amount of work. -DAY. THE SENATE. The Senate began holding early sessions yesterday, assembling at nine o'clock nnd getting on swimmingly until President Isonberg mado tho discovery that all joint resolutions, passed heretofore wero illegal,- for tho reason that by all parliamentary law a joint resolution must bo passed threo timos upon threo sutfeessivo days, such resolutions having all tho force and effect of laws and requiring tho same process for their enactment. "I am of tho opinion, ' said tho President, "that all joint resolutions passed bv tho Sonata heretofore hava 1 beon out ot order. They must bo read '' ' --I , iJ 'U lf - ' ' T ' - . Y X . m1 St f u. U 4 ! imnHNusts ' 1 iri - - With a Large Business. threo times, and passed tho same as bills are." I 'But somo of them hnvo been signed by tho Governor," said Aclu. "That don't mnko any difference," said tho President. "Thoy ,aro out of order, and this matter ought to bo straightened out." Dickoy notified tho Senate that ho would bring In a chnnge of tho Senate rules to cover tho point, but that did not meet tho difficulty exactly, and it -was agreed that Prcsidont Isen-berg and Speaker Knudson of tho Houho should get together during tho noon recess and try to arrange tho mattor in sWo way. This consultation was held, and after the noon recess (Continued on Pace fi.) LORRIN ANDREWS OF HILO. OCOO0CHXCiXCM5O0XO0OOOC'K0tOf 9- SAIGON MAY SHELTER -am M m M No Meeting as Yet Between .the HostJle Sea forces-American l Neinrality Protectee!. (associated" rimss 6abt4Eobams. PARIS, April 11. It is believed that Rojestvensky has planned to inflict losses on the Japanese equal to his own, thus reducing the enemy's effectiveness and giving the Russians superiority when Ad- ,-k miral Nebogatoff's squadron reenforces the main fleet. JAPANESE MOVING WEST. MANILA, April n. A steamer arriving here reported sighting two Japanese cruisers on Sunday in the China sea heading for Singapore. THE SAIGON DRYDOCK. WASHINGTON, April 11. The drydock at Saigon' is capable of accommodating the Russian ships and the fact may prove an embarrassment to France. TOO SHALLOW FOR RUSSIANS. PARIS, April 11. Saigon harbor is too shallow for Russian dockage. , UNCLE SAM WATCHFUL. WASHINGTON, April 11. The U. S. cruiser Raleigh and several torpedo boats arc en route to the island of Palawan to observe any naval hostilities which may occur in those waters and to prc tect neutrality. TOKIO, April 10. It is believed that Rojestvensky will go eastward of the Philippines. A battle by Togo with the Russian squadron is awaited with confidence. VLADIVOSTOK SQUADRON ORDERED TO SEA. ST. PETERSBURG, April 10. It is believed that the Vladivostok squadron has been ordered to sea to threaten Togo's rear. 'JAPAN'S REPORTED INDEMNITY DEMAND. It is reported that Japan has fixed the indemnity to be demanded of Russia at five hundred million dollars. NO CHANGE AT THE FRONT. General Linevitch reports no change in the military situation, STRIKERS IMPEDE RAILWAY TRAFFIC. Strikers in the Caucasus are interrupting railway communication. JAPANESE SHIPS WATCHFUL. BATAVIA, April 8. Japanese warships are policing all straits that are available to Rojestvensky for the passage of his fleet 4 SINGAPORE, 'April g. The Russian fleet is steaming at a speed of eight knots. The bottoms of the ships are fouled with seaweed and their decks are coal-laden. Colliers show light draft. Rojestvensky has seven battleships, eight cruisars, eight destroyers, five volunteer cruisers, sixteen transports and colliers, one salvage ship and one hospital ship. The patches to the admiral. PROUD DAY ST. PETERSBURG, April Roiestvenskv's successful evasion The Japanese were deceived by the unexpectedly direct route 'taken. 3 The admiralty believes that Togo is waiting near Formosa A feift. " 1 tie is expected within ten days. Wli$$i TO RELEASE WOUNDED PRISONERS. v ST. PETERSBURG, April g. It is reported here that Japan intends releasing 25,000 incapacitated prisoners. LATE SHERIFF ANDREWS ' RELEASED FROM JAIL L. A. Andrews, former Sheriff of Hawaii, for a little while yestorday languished in Hilo jail. Ho was released under n wireless tolcgram sent Into in the afternoon, following tho issuanco of a tomporary writ of prohibition, addressed to Circuit Judge 0. F. Parsons, by tho Supremo Court. Tho imprisonment of Mr. Andrews was for default of payment of a fine "of $50 for contempt of court, Judgo Parsons having refused to entertain his appeal from tho sentenco for contempt. It wns tho climax of a series of drastic orders made by the Judgo of tho Fourth Judicial Circuit, which ho will have an opportunity or justifying the Supreme Court on Friday tho 21st inst. la tho notition for order to Judgo Parsons to show cause why writ of prohibition should not issue filed on behalf of L. A. Andrews by Lorrln Attornoy General, tho story of all of the proceedings is told. Stripped of lcnl particularity, it is here reproduced. Sheriff Andrews was in attendance ; apoa the May term, ivot, or tne ' ' -v-'. f r OT0L&H84 ' j - - ' --- .ii Hv 'j ii;;: !."' i mm . J r THE & . Mt.M -. ;.- .? n 'V A WflL B '-B- ' i'I U1AKS nxci Russian consul here delivered dis ' -JT FOR RUSSIA. , g. There is rejoicing here over ( of Toco's fleet in MalaccaStraits. rourth Circuit Court, nt which Judgo Gilbert F. Littlo presided. Thcro wero threo criminal cases upon ho calendar, respectively, against Kuokoa, and Kannkaolo, being appeals from judgments of tho District Magistrate of Puna, wherein each of tho defendants wero fined $50 and costs for assault upon n polico officer. A motion bv Deputv Attornoy General M. F. Prosser, that tho appeals bo dismissod for irrogulnritics in tho papers, wan granted nnd an order dismissing tho appeals entered. Within legal timo tho defendants perfected appeals to tho Supremo Court from Jiiduo Littlo 's order. At tho timo of tho Circuit Court's dismissal of the Appeals the defendants wero represented by tho law firm of Smith & Parsons, tho members theroof Doing tho present Representative, Carl S. Smith, and tho presont Judge Parsons. In tho Supromo Court tho appeals woro dismissed and a remittitur issuod to tho Fourth Circuit Court, requiring tho laid court to executo tho judgments appealed from. Thereafter Judgo Parsons, having menntimo succeeded Little, issued an order in pursuance of which tbo fines and costs of tho de- (ConUnued on Page 4.) V 1? -1 vfl if s "t A I l Vj v vit"r " n