The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-02-07
TUESDAY, FEB. Z, 1883.
TEE VETO !!
Decision Of the Su-
preme Court.
The Veto Sustained !!

The Supreme Court sat in Banco
yesterday, and rendered Judgment
in the cause of L. w. Everett VS..
Hoapili Baker. The decision, in
which Associate Justices McCullv,
Preston and Bickertion concurred,
was read by Chief Justice Judd.
Associate Justice Dole read n dis
senting opinion.
The preamble of the Courts find
ing sets forth that Thomas W. Eve
rett of Wailuku, in the Island of
Maui, respectfully represents unto
this Honorable Court as follows, to
wit:
(l) That he is Sheriff of the said
Island of Maui, duly appointed and
commissioned, and in the discharge
of the duties of said Office.
CD That the above named de-
fendant, Robert Hoapili Baker, was
prior to, and during the 31st day of
December, 1887, the duly commits
stoned Governor of the said island
of Maui, and in the discharge of the
duties, and in the possession of all
books and records heretofore and
then preserved in, and as part of
and belonging to the said office of
Governor.
(3) That by virtue of a statute
passed by the Hawaiian Legislature
at its extraordinary session in 1887,
entitled, IAN Act to provide for the
discharge of certain duties hereto
fore performed by the Governors of
the different Islands," it became
the duty of the defendant to trans
fer and deliver to the Sheriff of the
said island of Maui, certain records
of the Office of said Governor Of
Maui, to wit; the records relating
to the administration of oaths and th,
taking of deposititons; the selection
and construction of pounds and th'
appointment and removal of pound
masters the certifcation of impres
sions of brands and marks the con
troll, preservation and disposition o
wrecks and wreckages; the shipping
and discharge of seamen, and tn
testing certiication of weights an
measures.
(4) That demand has been mad
upon said defendant at divers time
since the 3lst day of December
1887 to SO transfer and deliver t
this plaintiff, the records aforemen
toned, but that the said defenda1
utterly neglected and refused, an
doth, still, although said records al
now detained by him the said de
fendant, neglect and refuse to trans
fer and deliver the same, or an
thereof to this plaintiff.
(5) That plaintiff is advised an
believes that the possession of sal
records, by this plaintiff is necei
sary, to the due administration {
the duties of his said office, and,
plaintiff should be confined to th
ordinary legal forms for the pun
pose of obtaining the custody {
such said records, the slowness G
such ordinary legal forms would b
likely to produce such delay that th
public good and the Adminstratio
of the law would suffer therefrom.
Wherefore the plaintiff prays tn;
there issue out of and under I'll
seal of this Honorable Court a
Alternative writ of mandamus, t
be directed to the said defendaI
Robt. Hoapili Baker, commandin
him within certain time to be there
in named, to transfer and deliver t
this plaintiff the records aforesaid
or that in default of such de
livery, he shall show cause t
this honorable Court, at a tim
TO be in said writ specified
why preremptory writ of mandat
should not issue against him, pre-
remptorily commanding him t
transfer and deliver the said record
to this plaintiff: and that in defaul
of defendants showing such cause
such preremptory writ as aforesai
may issue to and against said dc
fendant.
The answer to the foregoing aver
that now comes Robert Hoapi
Baker the above named defendan
and makes this his answer and re
turn to the writ in the above emit
tied cause and says:
(1) That he admits that Thos. w
Everett is Sheriff of the Island o