The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-06-14
AN IMPORTANT DECISION.
The Conditions of Royal Appointments
Considered, More Especially That of
His 1Iaiesty,s Chamberlain.

His Majesty's Chamberlain.
In the action of G. w. Macfarlane VS..
w. L. Green, Minister of Finance, the
following decision was rendered by His
Honor Justice Preston under date June
u, 1899. The decision is now published
in full, verbatim ct iteratim, because we
think such an important document
should not be mutilated by abreviation:
DECISION.
This is petition for writ OF man.
! damus.
The petitioner alleges that the respon-
| dent, w. L. Green, is the duly appointed
and acting Minister of Finance of the
! Hawaiian Kingdom, and as such has
charge and control OF the treasury and
the funds of this Kingdom.
That on the first of October, 1883, His
| Majesty Kalakaua of the Hawaiian ISL
! ands, King, appointed petitioner as one
| OF His officers of His household to wit,
as His Chamberlain, and that from and
| after that date petitioner has been and
| now is such Chamberlain and acting as
| such.
That the Legislature OF the Kingdom
has during its session in the year 1888
! to wit, on the 18th day of September,
A. D., 1888, appropriated the sum OF six
| thousand dollars as salary for such
| Chamberlain during the two years be-
! ginning April |, 1888. and ending March
| 81, 1890, that is to say, the monthly
salary of two hundred and fifty dollars
as compensation for the services rendered
| by such Chamberlain, and that petit
| toner is informed and believes and upon
such information and belief AYERS that
for the purpose of paying said salary
there are now and at all times have been
sufficient moneys and funds in the pos
session and under the control of the re-
spOndent being part of the particular
fund so appropriated by the Legislature.
That on March u, 1899, petitioner
drew his salary draft for the months Of
October, November and December, 1888,
and January and February, 1889, and
caused the same to be presented for pay
ment, and payment thereof to be de-
manded from respondent at the treasury
of the Hawaiian Kingdom and received
in response thereto a letter from the said
respondent, w. L. Green, of date March
Is, 1889, copy of which is annexed to
the petition, informing petitioner that
his said appointment to the office OF
Chamberlain had never been approved
or recognized by the Government and
declining to pay the said draft and that
the said respondent unjustly refused and
still refuses to pay the sum or any part
thereof.
Wherefore, petitioner prays that the
Court issue its writ of mandate COM
handing the said respondent to pay to
petitioner the said salary, or to show
cause, if any, he have to the contrary,
before the Court at a day and place to be
fixed.
Following is a copy of the letter re-
ferred to:
Finance Department, Honolulu, H l.,
March Is, 1889. u. w. Macfarlane,
ESQ, Sir: have to acknowledge the
receipt of yours of yesterdays date in
forming me that Mr.. Jas. w. Robertson
as Vice acting Chamberlain by appoint
ment of His Majesty the King, has per-
formed the duties of Chamberlain from
October l, 1888, (the date of your APP
pointment), to March /, 1889, after
which you have performed those duties.
You ask therefore that the salary apprO-
priated for the service be paid to Mr.
Robertson and you have drawn a draft
on this department for your salary
ST ,250, and endorsed it over to him. [
have now to inform you as | did verb
ally soon after your arrival, that your
appointment to the office OF Chamber
lain has never been approved or recog-
niZed by the Government. / cannot,
therefore, pay your draft on this depart
ment, for your salary whether it be en-
dorsed over to MIR. Robertson or anybody
else. 1 return the draft enclosed here
with. l remain your most obedient
servant, w. L. Green, Minister OF
Finance
An alternative writ was issued by me
on the 9TH day of May last to which the
| following return was made:
The return of William L. Green, re-
spondent to the alternative writ OF man
damus, issued in the above entitled
cause, on the sixth day of May, 1899,
and to this respondent directed.
and the said respondent admits unto
the Court here, that he has not paid to
the said George w. Macfarlane the sum
| OF money, nor any part thereof, in said
writ alleged to be due to said George w.
MaCfarlane, as salary in, OF and concern
ing the office of His Majesty's Chamber
| lain, and for cause of such non payment
| this respondent respectfully represents
as follows to wit:
1st. That respondent is the legal
! custodian of the funds of the Hawaiian
| Government.
I'd. That the Legislature of the King
| dom in and by an Appropriation Bill
! and Act passed September 18th, 1888,
! did appropriate the sum of six thousand
! dollars for the payment of salary for
| chamberlain 10 Ills Majesty during the
| present fiscal period, to wit, from April
l, 1888, to March 81, 1890, inclusive, but
respondent denies that there is any obli-
! cation upon his part to pay such salary
monthly, or at any stated periods of less
than said biennial fiscal period.
Sd. Respondent denies that said
| George w. Macfarlane has been legally
appointed to, or commissioned as the
Chamberlain of His Majesty, or that
| said Macfarlane was such Chamberlain
during the months of October, Novem-
Der and December, 1888, and January
! and February, 1889, or at all, or that he
now is such Chamberlain. and respond
ent denies that said Macfarlane has,
during said months or at all, performed
the duties of such Chamberlain to His
Majesty.
18th. Wherefore, said respondent res
peCtfClly submits to the Court here, that
the foregoing constitutes sufficient cause
for his not having paid to the said
George w. Macfarlane the salary of and
pertaining to the said office of His
Majesty's Chamberlain, and prays that