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


In the Supreme Court of the Hawaiian
Islands-Before Mr.. Justice Nc
Cully.--In Chambers.
In the matter OF the application OF His
Excellency L. a. Thurston, Minister OF
the Interior, VS.. George J Ross, the
Auditor General, for a writ of manda-
mus.
The Auiitor- General refused to approve
sundry bills for expenses connected with
the employment Of prisoners upon a pub
lie work. viz: the Volcano Road for
which the Legislature had appropriated
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 Judg-
ment and discretion of the Auditor to de-
termine in any case whether bill was
drawn upon fund which was applicable
to 1t.
Held, that the Court would only examine
the action of the Auditor to ascertain if he
had abused his discretion, or if his judg-
ment was founded on an illegal basis.
The writ was denied.
The case was heard on the petition
and answer without the Introduction OF
testimony. They are here set forth in
full.
The petition shows unto this Court:
That the complainant herein, l.. A.
Thurston, is the Minister OF the Interior
for the Hawaiian Kingdom.
That George J. Ross is the duly APP
pointed and commissioned Auditor
General of the Kingdom and as such is
CHARGED with the auditing and APPROX
ing the accounts and disbursements Of
the Hawaiian Government.
THAT Section 2l5 OF the Civil Code
reads as follows: Al prisoners SEN
fenced to Imprisonment at hard labor
shall be constantly employed for the
public benefit on the pubic works, or
otherwise, as the Marshal, with the APP
proval of the Minister Of the Interior,
NAV think best and Section s of an Act
entitled, An Act to amend the existing
laws relating TO the road tax dated
August 23rd, 1862, reads as follows:
90 The Minister Of the Interior is here
bv empowered in his discretion, to de-
tail for labor on any public road, upon
application to that purpose from any
Road Supervisor, as many prisoners as
he may deem necessary for such work;
said prisoners TO be under the care OF
their usual overseers and subject to the
Road Supervisor only as far as regards
the mode of their employment
That there are now about 300 prison
ers sentenced to Imprisonment at hard
labor, confined in the various jails of the
kingdom.
''Ihat in accordance with the mandate
of said first above mentioned statute and
in pursuance with the discretion vested
in him by the said above recited act of
1862. the said Minister has during the
twenty-three months OF the biennial
period now last past, caused all Of such
prisoners to be employed upon the public
works and more particularly upon public
roads.
% That during such period the cost Of
the food, clothes, guards and lunas nee
essary for the support, maintenance and
guarding OF all prisoners, including said
prisoners in Hilo and Puma, has been
charged to the appropriation entitled
support of prisoners
''That of said prisoners about fifty
have, during said period, and now are
confined in certain jails situate in the
Districts of Hilo and Puma in the Island
of Hawaii, and in accordance with the
law above mentioned and under the dis
erection vested in the said Minister, he
has caused said prisoners to be employed
upon the pubic roads located In the said
Districts of Hlo and Puma, including the
public road extending from Hilo to the
Volcano of KiIauea.
"That the records of the Interior De-
partment show that since the commence
ment of the keeping of such records 1t
has ALWAYS been the custom to charge all
of such expenses to such appropriations.
"That the defendant hereto has during
the present biennial period and up to the
present time, never refused to audit any
bills incurred for the support or guarding
of said prisoners or any other prisoners,
until the presentation to him of certain
bills for food furnished to said prisoners
and the bills for salaries of guards OF said
prisoners, at Hilo and Puma, incurred
during the month of January, 1890, a
copy of which bills is hereunto annexed
and marked Exhibit A and made
part hereof.
''That said bills were legitimately and
lawfully incurred by the Department of
Government authorized to incur them in
accordance with the long-established
precedent and custom of the said Depart
ment, and that the material services
therein described and claimed for have
been furnished to the said Interior De-
partment and the amounts therein sew
orally claimed are lawfully due to the
several persons therein claiming the
same.
"That there is no other appropriation
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 to audit said bills the COM
plainant is unable to lawfully pay the
same, thereby causing unnecessary and
uncalled for injury and loss to the persons
who have furnished such material and
rendered such services, and preventing
the complainant from properly carrying
out the duties of his office of Minister of
the Interior
That on or about the oath day of Feb
ruary, 1890, the said bills were in due
and regular course Of business presented
to the defendant hereto, and he was re-
quested to audit the same, but defendant