The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-03-22
MANDAMUs CASE.
The Court Denies the Minister Of In
.terior's Petition for . Writ Against
the Auditor General.

tho A00ktOf~0e00r0l. 4
In the Supreme Court of the Hawaiian
Islands.-Before Mr.. Justice Nc
Cully.--In Chambers.
In the matter OF the application Of His
l.. A. Thurston, Minister OF |
the Interior, versus Geo. j Ross. the |
Auditor-Generai,f for 3 writ of manda- |
mus
prove sundry bills for expenses con-
nected with the employment OF prisoners
upon q public work, viz: the Volcano
road, for which the Legislature had ap-
propriated specific sum, these bills not
having been drawn against said sum,
which had been already expended, but
against the fund for the 'sSupport Of
Prisoners
Held, that it was a matter within the
judgment and discretion of the Auditor
to determine in any case whether bill
was drawn upon fund which was ap-
plicable to it.
Held, that the Court would only ex-
anime the action of the Auditor to ascer-
tain if he had abused his discretion, or
il his Judgment was founded on an ille-
gal 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 215 of the Civil Code
reads as follows: ALI prisoners sem
fenced to imprisonment at hard labor
shall be constantly employed for the
public benefit on the public works, or
otherwise, as the Marshal, with the ap-
prevail of the Minister of the Interior,
may think best, and Section of an Act
entitled, An Act to amend the existing
laws relating to the road tax dated
August 23rd, 1862, reads as follows:
The Minister of the Interior is here
by 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 800 prisoners
| sentenced to imprisonment at hard Ia
Dor, confined in the various jails of the
kingdom.
That 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 necessary
for the support, maintenance and guard
| ing of all prisoners, including said pri-
soners 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 discretion
vested in the said Minister, he has
caused said prisoners to be employed
upon the public roads located in the said
districts Of Hilo and Puma, including the
public road extending from Hilo to the
Volcano of Kilauea.
That the records of the Interior De-
partment show that since the commence
ment of the keeping of such records il
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
of s&id 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, q
copy of which bills is hereunto annexed
and marked Exhibit A. and made q
part hereof.
That said bills were legitimately and
lawfully incurred by the Department oil
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 aud the amounts therein sew.
orally claimed are lawfully due to the
severa! 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 o.
defendant to audit said bills the com
plainant is unable to lawfully pay the
same, thereby causing unnecessary anG
uncalled for injury and loss to the per
sons who furnished such material ane
rendered such services, and preventing
the complainant from properly carrying
out the duties of his Office Of Minister o
the Interior
That ON or about the oath day OF Feb
ruary, 1890, the said bills were in dut
and regular course of business presented
to the defendant hereto, and he was re
Quested to audit the same, but defendan
} refused and still refuses to audit tn,
same, claiming that such bills should b,
charged to the specific appropriation fo
public work upon which the prisoner,
incurred are at the time being engaged
That there is q sufficient balance o
the said appropriation for Support o
. Prisoners to pay the said bills if tn,
same are properly audited.
That if said bills are not audited it vii
entail irreparable loss to the Hawaiian