The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-21
The Controversy between Cabi.
net and AuditOr.G General.
INTEGRITY OF THE AUDITORS ACT
PRESERVED.
Full Text Of Judge MeCully'S De-
CiSiOn.


Justice McCully. lin Chambers.
In the matter of the application
Of His Excelency l.. A. Thurston,
Minister of the Interior, versus Geo.
!. Ross, the Auditor-Gencral, for
writ of mandamus.
The Auditor-General refused to
approve sundry bills for expenses
connected with the employment
of prisoners upon q public work,
viz: the Volcano Road, for which
the Legislature had appropriated a
specific sum. these bills not having
been drawn against said sum, which
had been already expended, but
against the fund for the "Support
of Prisoners.
Held, that it was matter within
the judgment and discretion of the
Auditor to determine in any case
whether bill was drawn upon q
fund which was applicable to it.
Held, that the Court would only
examine the action Of the Auditor to
ascertain if he had abused his dis
erection, or if his judgment was
founded on an illegal basis.
The writ was denied.
The case was heard on the petit
ton and answer without the intro
duction of testimony. They are
here set forth in full.
1.-The petition shows unto this
Eourt
THAT the complainant herein, l..
=. Thurston, is the Minister Of the
Interior for the Hawaiian Kingdom.
That George j. Ross IS the duly
appointed and commissioned Auditor
General of the Kingdom and rs such
is charged with the auditing and
approving the accounts and dis
bursemcnts of the Hawaiian Govern
,ncnt.
That Section 2l5 of the Civil
Code reads as follows: 'All prison.
ers sentenced to Imprisonment at
hard labor shall be constantly en-
ployed for the public benefit on the
public works, or otherwise, as the
Marshal, with the approval Of the
Minister Of the Interior, may think
best, and Section of an Act en-
titled, AN Act TO amend the exist
ing laws relating 10 the road tax,
dated August 23rd, 1862, reads q:
follows:
The Minister Of the Interior is
hereby empowered in his discretion
to detail for labor on any public
road, upon application 10 that pur.
pose from any Road Supervisor, as
manv prisoners as he may deem
necessary for such work; said pris-
oners to be under the care of their
usual oversecrs and subject TO the
Road Supervisor only "a far "a re-
cards the mode OF their employ
ment.
That there are now about 3O(
prisoners sentenced to imprison
ment at hard labor, confined in TIT
various jais of the Kingdom.
That in accordance with the man
date of said first above mentioned
statute and in persuancc with tn
discretion vested in him by the sal
above recited act OF 1862, the sal
Minister has during the twenty
three months Of the biennial perio,
now last past, caused all OF sue
prisoners to be employed upon tn
public works and more PARTICULAR,
npon public roads.
That during such period the COS
OF the food, clothes, guards an
!nnas necessary for the support
maintenance and guarding of a
prisoners, including said prisoner
in Hilo and Puma, has been charge
to the appropriation entitled SUI
port of prisoners.
That of said prisoners about fift
have, during said period, and no,
are confined in certain jails situat
in the districts Of Ililo and Puma i
The Island of Hawaii, and in accord
ance with the law above mentione
and under the discretion vested j
the said Minister, he has cause
said prisoners to he employed upo
the public roads located Ill the sai
districts of Hilo and Puma, includ
ing the public road extending frol
iIilo to the Volcano of Kilauea.
That the records of the Interio
Department show that since tn
commencement of the keeping &
such records it has always been tn
custom to charge all OF such ex
penses to such appropriations.
That the defendant hereto ha
during the present biennial pcrio
and up to the present time, ncye
refused to audit any bills incurre
for the support or guarding OF sal
prisoners or any other prisoners
until the presentation to him OF cel
tain bills for food furnished TO sal
prisoners and the bills for salarie
of guards OF said prisoners, at Hi
and Puma, incurred during III