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law suit ensued as the foul water drove away the fish, and the connecting ditch was torn out and a box drain was laid from Peck's pond along Ward Street to Kawaiahao Street, and along Kawaiahao nearly to Cooke Street, and from this point was dug connecting to the old cement Kakaako ditch, and dyke wall was built between Mrs. Ward's and Peck's.

The result was that as the Kakaako ditch, at the point of junction with Peck's ditch, was too high, the water in Peck's ditch rose and backed up all along the line into the pond, and as it must necessarily go somewhere, it overflowed its banks, and at present Ward Avenue from end to end is a big pond with no footing for pedestrians, and a carriage driven through the other day sank to the body of the same in water and mud The other streets likewise are flooded. Laniwai Street for three-fourths of its length is also impassable, and the people climb their back fences to go to their homes. Queen Street for over 600 feet is flooded from side to side, and Kawaiahao is flooded for some distance, and the ditch stands stagnant, 6 feet wide and 3 feet deep, nearly to South Street and back up Cooke Street for some distance. There are quite a number of separate ponds fed by this foul water, and many yards are afloat.

The result of this all is that, as only a small part of the water flows into the Kakaako ditch, it must either evaporate or seep into the ground. This latter process fills all vaults and cesspools and causes them to overflow into the streets and naturally no rubbish can be gathered up or burned, and every rain has made matters worse until now the stench from the stagnant water is nauseating. It is easily seen that in a case of typhoid or other such disease breaking out in one place it will be impossible to prevent the spreading of the disease until some radical measures are taken immediately to remedy the present condition of things.

Upon the above showing the sanitary condition of said District is most deplorable and some action must be immediately taken in order to relieve this grave and serious condition of affairs. If typhoid fever should develop in that locality, it would endanger the lives of over three thousand people; and should it become epidemic, it would also seriously affect the adjoining territory, and to stamp it out would cost the Government much more money than what is needed to build this ditch.

There being no appropriation at the disposition of this Department for this purpose and in cases of this nature the public looks to the Legislature for relief, I would therefore urge the importance of an appropriation of $25,000 being made as an Emergency Act, and in case this cannot be done, to have the amount inserted in the Appropriation Bill.

By making this provision, your honorable body would avert a threatened and serious danger to the residents of that locality. Very respectfully,

J. H. BOYD,

Superintendent of Public Works.

Mr. Emmeluth moved that the communication be referred to a Select Committee for investigation and report. Seconded by Mr. Kumalae. Mr. Hoogs rose to a question of privilege and stated that he had just called at the office of the Superintendent of Public Works, and that the item for a new drainage ditch for Kewalo carrying an appropriation of $25,000 inserted yesterday in H. B. No. 3, met the requirements of the Superintendent of Public Works in the premises. Whereupon the motion to commit was put and lost.

Mr. Emmeluth moved that the House now stand adjourned until tomorrow morning. Seconded by Mr. Kumalae. Mr. Makekau moved an amendment by striking out the word "tomorrow" and inserting in lieu thereof, the word "Monday." Mr. Emmeluth moved that the House stand in recess until 2 o'clock p. m. The motion to stand in recess prevailed.

AFTERNOON SESSION.

House of Representatives,

Honolulu, T. H., June 28th, 1901.
Mr. Speaker

The House reconvened at 2:43 o'clock p. m. in the Chair.

There being no business before the House, and no communications having been received from the Honorable Senate, on motion of Mr. Aylett, the House thereupon adjourned.

Approved:

JOSEPH A. AKINA,

S. MEHEULA,

Clerk.

Speaker.

FORTY-FIFTH DAY.

House of Representatives,

Honolulu, T. H., June 29th, 1901.

The House came to order at 10:50 o'clock a. m., pursuant to

adjournment.

Hon. J. A. Akina, Speaker, presiding.

Prayer by Chaplain Kamoku.

Roll Call:

Present---Messrs. Ahulii, Beckley, Dickey,

Emmeluth,

Haaheo, Hihio, Kaauwai, Kauimakaole, Kawaihoa, Keiki, Kekaula, Keliikoa, Mahoe, Makainai, Makekau, Monsarrat, Mossman, Paele, Prendergast, Puuki and Mr. Speaker---21.

Excused---Mr. Ewaliko---1.

Absent---Messrs. Aylett, Gilfillan, Hoogs, Kaniho, Kumalae, Nailima, Robertson and Wilcox---8.

The Journal of Proceedings of the preceding day was read and approved.

BILLS, JOINT RESOLUTIONS AND OTHER

MATTERS FROM THE SENATE.

The following communication from the Honorable Senate was read:

To the Honorable Speaker

Senate Chamber,

Honolulu, T. H., June 29th, 1901.

and Members of the

House of Representatives:

I have the honor to herewith transmit House Bill No. 4. which duly passed its third reading in the Senate this day with the following amendment:

In line 2, Section 1, strike out "Fifteen thousand" and insert "Twenty thousand" in lieu thereof.

Very respectfully,

EDGAR CAYPLESS,
Clerk of the Senate.

BILLS ON THIRD READING.

The amendment proposed by the Honorable Senate to the following Bill was thereupon taken up for consideration:

To H. B. No. 4, by Mr. Makekau, entitled "An Act to ap propriate money for the purpose of defraying the expenses of the Extra Session of the Legislature of the Territory of Hawaii of the year 1901 from the public treasury," by striking out in Section 1 and line 2 thereof, the words and figures "Fifteen thousand (15,000)" and inserting in lieu thereof, the words and figures "twenty thousand (20,000)". Mr. Beckley moved that the House do not concur in the amendment proposed by the Senate; that the Senate be asked for a conference on said Bill; that the Speaker name the members on behalf of the House of such Conference Committee, and that said Committee be instructed to investigate the needs of the Legislature which led the Senate to propose said amendment. Mr. Paele moved that the House do now concur in the amendment proposed by the Senate. Mr. Emmeluth seconded the motion to not concur. Mr. Makekau seconded the motion to concur. Upon the motion to concur, the ayes and noes were called with the following result:

Ayes---Messrs. Ahulii, Haaheo, Hihio, Kaauwai, Kauimakaole, Kawaihoa, Keiki, Keliikoa, Kekaula, Mahoe, Makekan,

Mossman, Paele and Mr. Speaker---14.

Noes---Messrs. Aylett, Beckley, Dickey, Emmeluth, Makai

nai, Monsarrat, Prendergast and Puuki---8.

Excused---Mr. Ewaliko---1.

Absent--Messrs. Gilfillan, Hoogs, Kaniho, Kumalae, Nailima, Robertson and Wilcox---7.

Whereupon the Speaker announced that the House had by its vote refused to concur in the amendment as proposed by the Senate to said Bill; said proposed amendment having failed to receive the affirmative votes of a majority of all the members elected to the House.

Mr. Prendergast moved to reconsider the .ote by which the House had refused to concur in the amendment as proposed by the Senate. Carried. Whereupon the ayes and noes were again called on the motion that the House do now concur in said amendment as proposed by the Senate to said Bill with the following result:

Ayes---Messrs. Ahulii, Hihio, Kaauwai, Kawaihoa, Kanimakaole, Keiki, Kekaula, Keliikoa, Mahoe, Makekau, Mossman, Paele, Prendergast and Mr. Speaker---14.

Noes---Messrs. Aylett, Beckley, Dickey, Emmeluth, Haaheo, Makainai, Monsarrat and Punki---8.

Excused---Mr. Ewaliko---1.

Absent---Messrs. Gilfillan, Hoogs, Kaniho, Kumalae, Nailima, Robertson and Wilcox---7.

Whereupon the Speaker declared that the House had by its vote upon reconsideration declined to concur in the amendment

to said Bill as proposed by the Senate; said amendment having failed to receive the affirmative votes of a majority of all the members elected to the House.

Mr. Dickey moved to adjourn until Monday. Mr. Makekau moved that the House now stand adjourned until July 5th. The motion that the House stand adjourned until Monday, July 1st, prevailed. Whereupon the House adjourned.

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House of Representatives, Honolulu, T. H., July 1st, 1901.

The House came to order at 10:25 o'clock a. m., pursuant

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Present---Messrs. Ahulii, Beckley, Dickey, Ewaliko, Gilfillan, Haaheo, Hihio, Kaauwai, Kauimakaole, Kaniho, Kawaihoa, Keiki, Kekaula, Keliikoa, Kumalae, Makekau, Monsarrat, Mossman, Nailima, Paele, Prendergast and Mr. Speaker---22.

Absent---Messrs. Aylett, Emmeluth, Hoogs, Mahoe, Makainai, Puuki, Robertson and Wilcox---8.

The Journal of Proceedings of the preceding day was read and approved.

PETITIONS, MEMORIALS AND COMMUNI

CATIONS.

The following communication from the Wilder's Steamship Company was read:

In reply to the letter of the Clerk inquiring as to why certain intending passengers had been refused passage on the S. S. Lehua, stating that the S. S. Lehua was under charter from the Board of Health to take lepers to Molokai, and did not touch at the ports of Molokai on the other side of the Island. That the

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