The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-03-25

petitioner had not shown himself
entitled to the payment of said
salary so claimed by him as afore-
said, and did refuse to issue per-
emptory writ against the said
Minister of Finance to compel the
payment thereof to the records and
files, in which said last mentioned
cause this respondent especially re-
fers this Honorable Court herein,
and makes part of this, his return.
3. And that the judgment of said
Justice and Court so rendered on
said 18th day of June, 1889, still
stands and obtains as valid and
decisive adjudication of the claim
of said petitioner to said salary, in
respect to the time between said
1st day of October, 1888, and the
2Sth day of February, 1889, inclu-
sive.
4. And said respondent not waiv-
ing the above defense, or any part
thereof, but insisting thereon as a
valid defense to the alternative writ
issued herein, especially as refers to
so much of petitioners claim herein
as was adjudicated as aforesaid, doth
further represent unto this Honor
able Court as follows:
5. That he denies that said 6.
w. Macfarlane was appointed as
His Majesty's Chamberlain on the
1st day of October, 1888, or at any
other time, and denies that said
George w. Macfarlane is or ever
has been, appointed as such Cham
berlain, but states the truth to be as
follows:
6. That on the said 1st day Of
October, 1888, said George w. Mac
farlane was absent from this king
dom, and remained continuously
absent thereafter fer long period,
to-wit, about five months, when he
returned to this Kingdom, until,
to-wit, the month of October, 1889.
Z. And respondent further re-
presents that His Majesty's Cham
berlain is a public officer of the
Hawaiian Government, assigned for
the purposes of said government to
personal attendance upon his Ma
jesty and the Royal Household, and
as medium of communication be-
tween His Majesty and His Ma
jesty's ministers, and charged with
the supervision of the ceremonies
pertaining to the presentation to His
Majesty of the officers of foreign
governments and of foreign digni-
taries, and is in other respects closely
attendant upon the person of His
Majesty, and necessarily cognizant
of many of the private and public
concerns of the Sovereign, and Of
the affairs of the Government.
8. That the character of the Gov
eminent here existing, and of the
Constitution under which we live,
contemplate and demand that
His Majesty's Chamberlain should
be personally and politically
acceptable to the Cabinet of
the day, and in order to the
validity of the appointment of
any person as such Chamberlain,
such appointment should have the
sanction and consent of the Cabinet.
That it is not contemplated by the
Constitution, or by the Act of the
Legislature, whereby the salary of
such Chamberlain is appropriated,
that such salary should be drawn by
any person claiming to hold such
office if such claim be opposed to
the wishes and policy of the respon-
sible ministers of His Majesty for
the time being, nor without the
consent of the Cabinet.
9. And your respondent further
represents that said G. W. Mac
farlane has not been appointed to
said Office of His Majesty's Cham
berlain, and does not hold and has
not held such Office by or with the
consent or sanction of His Majesty's
ministers, or any of such min
listers. And that said petit
toner's pretended appoint
ment to said Office, if made
or attempted to be made at all, was
so attempted to be made by His
Majesty personally, without the
consent or sanction of His minis
tsrs, or of any of such ministers,
and without any legal authority in
His Majesty, in the absence of such
consent or sanction, to make such
appointment, or to confer upon the
said petitioner, by virtue of such
pretended appointment, any right
to collect or receive the said salary,
or any part thereof.
10. And this respondent further
represents that during the year next
following said petitioners pretended
appointment to said Office on October
LIST, 1888, he, the said petitioner,
did not perform the duties of His
Majesty's Chamberlain, or any of
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