Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1883-12-15

| .Wherefore your petitioners pray that awnt
~ mandamus do issue out Of this honorable
court .rcquring the said minister OF finance
TO accept Tor such bonds only United States
| gold CON or lis ssequiValent and not to accept
therefor the silver coins aforesaid. and not 10
issue such bonds except for the par value in
| United States gold coin or its equivalent and
for such further and appropriate relief as Jus.
lice and reason require and to your honor
| shall seem meet
And your petitioners will ever pray,
! WILLIAM X. Castle
| lN ;. Il. DOLE.
SANFORD +. DoLE,
WILLIAM O. SMITH.
Judge Judd issued the required order. But
hearing was postponed from p. NJ. Thursday
to ) p. NJ. Of that day and again till 10 A. NJ.
Yesterday
On the case being called yesterday morning,
Mr.. Neumanu opened the argument upon
motion to vacatc the writ. The grounds he
took were That the interest Of the petition
ers As taxpayers was not such direct personal
interestas must exist toauthorisca priyateperson
to coerce by mandamus public officer to do
his duty and that the courts should not coun.
tenance a summary proceeding such as this
was, unless it appears that the application is
made in good faith for the benefit OF the com
munity and no; to promote political cabal.
especially where the results would necessarily
involve great detrment to the people He
emphasized the fact that, though the proposed
action Of the minister, which the law presumes
10 be within the line Of his duty, was a matter
Of public noioriety through newspaper discus.
sion The petitioners did no; attempt to obtain
a juricial construction OF the loan Act before
but, afIerthe government had received Siso, ,ooo
and in honor and law was bound to deliver
therefor an equivalent in bonds, at the las,
hour they go into court under the guise Of pat.
rioiic taxpayers and attempt to force the
government vitualiy to repudate its obliga-
tion to the tarnishing Of its honor and absolute
loss OF It's credit. Nh Neumann closed bv
claiming that it was ga sound discretion
which the court would exercise, in such case
instituted under such circumstances showing
an absence of good faith, to dismiss the pro.
eeedings when the writ Of mandamus was
asked
After Mr.. Neumann, Mr.. Hartwell spoke
against granting the demurrer. He sald that
the prevailing American authorities support
the night Of taxpayers to intervene in matters
OF this kind. The argument OF Mr.. Neumann
that the attorney general was the only one
authorized to bring such suits, when there is
no attorney general OF who, il there was,
could not be relied on to oppose the policy Of
the cabinet OF. which he was a member, is vir-
tually saying that there is no remedy for
official wrong doing. II governmental action
viii not stand the test OF judicial investigation
itishigh timeiheiact wasknowd. Iflheactionof
this suit mean annhilltion let il be known.
The speaker took no such sombre view. AS
suming tha, the minister Of finance was about
to do what he is distinctly prohibited by
statute from doing tissue bonds for what is
neither u. 5. gold nor its equivalent
action Of private citizens in attempting to re.
strain IS perfectly justihable and no question OF
good faith ough, 10 be brought up. Mr..
liartwell then Guoted numerous authorities
The argument for the minister must be that
OF an illegal step is taken there IS no remedy.
The privilege Of mandamus is for the benefit
OF the people, not Of ministers or the chief exc.
eulive. The minister Of finance is said to pur.
pose 10 sell Hawaiian bonds (which the
statute says shall be sold for gold Or rs egifiaa.
A'''f only and take payment therefor in hall
dollars worth only 80 land frac,ionl cents
making net loss to the treasury Of some
$40, coo on the Si5oooo worth Of bonds 10 be
sold. Mr.. HaHweil was careful to state the
petitioners did not demand that The bonds
should be sold only ior American gold; but for
gold OF n sqasaism
Ths Judge oyerruled the demurrer Of the de.
'endan,, who then pa, in his answer, 10 which
counsel for petitioners excepted.
A recess was then held til one O'Clock,
~hen Mr.. A. ) iIarlwell argued that the return
filed BY respondent should be ordered by the
count TO be amended by a description of the
coin proposed 70 be received for the bonds.
His Honor heardargaments t,s and eon, and
ralsd in favour Of the required amendment.
The cosnsels for defence intima,ed that il
"aa proposed by The Minister to issue. silver
hali-dolIaIs ''oi equal weight and hneness
~i'h the United State half-dollars." Nj Hart
well then filed general demurrer; and argued
thai The coin proposed 10 be coined was no,
the United States gold dollar. % ~ egnia.i
ksf.
Tbs argusnsnis iof lhe defense we're TO the
efee' that the ierm ''or rs equisaieni" in the
Aiaiais admitted The Issue u silver coin ae
eepted IN Hawaiian currency as cf same value,
relatively, as the gold dollar
Ills Honor decided that the payment q the
anouni II the bonds in anything bot United
States gold dollars, % their equivalent. .'ai
paf, ~ouli be in eonirascniion of the Law a,
expressed in the statute IN qses,ion, AMI
granted the naadanus.
An appeal was noted.
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