The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-21

which bills is hercunto annexed and
marked 'Exhibit A. and made n
part hereof.
That said bills were legitimately
and lawfully incurred by the De-
partment of Government authorized
to incur them in accordance with
the long established precedent and
custom of the said department, and
that the material services therein
described and claimed for have been |
furnished to the said Interior De.
partment and the amounts therein
severally claimed. ore lawfully due
TO the several persons therein claim.
ing the same.
That there is no other aprropria-
ton available from which said bills
can be paid, other than the said
appropriation for the support Of
prisoners.
That by reason OF the said refusal
OF defendant 10 audit said bills the
complainant is unable to lawfully
pay the same, thereby causing IN.
necessary and uncalled for injury
and loss to the persons who furnish.
ed such material and rendered such
services, and preventing the COM
plainant from properly carrying out
the duties OF his Office of Minister
OF the Interior.
That on or about the oath day Of
February, 1890, the said bills were
in due and regular course of business
presented to the defendant hereto, and
he was requested to audit the same,
but defendant refused and still re.
fuses TO audit the same. claiming
that such bills should be charged to
the specific appropriation for public
work upon which the prisoners con-
cerning whom such bills have been
incurred are at the time being tn.
gagged.
That there is sufficient balance
Of the said appropriation for Support
Of Prisoners to pay the said bills it
the same are properly audited.
That il said bills are not audited
it will entail irreparable loss to the
Hawaiian Government and to the
public welfare by reason of the fact
that the said Minister and the other
proper authorities charged Herewith
will he unable to obtain guards and
food for the care and maintenance
of said prisoners unless they can be
paid for.
That the auditing and approving
of said accounts is duty attached
to the office of the said George j.
Ross as Auditor-Gcncral and may
be legally required of him.
Wherefore your petitioner prays
that Writ of Mandamus may be
issued and directed to the said
George j. Ross, Auditor. General,
commanding and enjolning him TO
audit and approve the bills and ac-
counts according to schedule "a
hereto attached, or to show cause if
any he has for not doing so before
this Honorable Court at . day and
place to be fixed.
Aud your petitioner will ever
pray, etc
ANSWER.
'Said defendant George j..
Ross by protestation not waving
any right of exception to the INSULT
ciencies of said petition nor to the
right of said petitioner TO maintain
the same. for return and answer To
such portions as he is advised it is
necessary TO answer, says:
That he admits that he is Auditor
General of the Kingdom. And he
says that the auditing or refusal tr
audit any bill presented to him in,
wolves the exercise Of his official
judgment and discretion, and is no,
subject to Judicial control by man
damus.
And for further answer this de
fendant says that he admits that thu
Minister Of the Interior during th'
twenty-,hree months last past ha
caused all of the prisoners sentenced
| TO Imprisonment at hard labor, in al
absut three hundred in number, Il
be employed upon public works ant
public roads.
, That he admits that the cost o
food, clothes, guards and luna
necessary for the support, mainten
ancc and guarding of all prisoner
G has been charged to the appropria
1 tion entitled Support of Prisoners ;
/ but denies that the pay of lunas i
: properly so charged.
1 That he admits that about iift
b prisoners are now confined to cer
G tain jails in the districts of llilo an
Y Puma, and have been employed upo
public roads, including the publ
t road extending from Iilo to tn
Volcano of Kilauea; and says the
!, they have been employed in cor
Il structing the road last named.
5 That he is ignorant as to the Gus
d tom of the Interior Department |
= regard to charging such expenses
said appropriation.
Y That he admits that he has nj
" heretofore refused to audit bills fC
G the support of prisoners until tn
n presentation of the bills referred
! in said petition.
4 He denies that said bills wei
n lcgi,imately and lawfully incurre
/ by 9he Department of Govcrnmer