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

Judd, C. j.
JUDD, @. J., McCULLY, PRESTON, BICKERToN
AND DOLE, u. DOLE, j., DISSENTING.
Preston, j., deceased Jan. II, 1890, be-
tween the hearing and the decision of this
case.
The respondent refused to pay the
salary of the relator as Chamberlain
to His Majesty.
Held, that the appointment OF Cham
berlain was personal to His Majesty,
and did not require the approval OF
the Cabinet.
Held, that the salary of office follows
the title to it.
The Writ of Mandamus is made abso-
lutte.
Opinion of the Court, per McCally,J J.
The petitioner for the writ of
mandamus alleges that the respond
ent, Samuel NJ. Damon, is the Min
lister of Finance, and as such has
charge of the disbursements of the
Public Treasury; that in the ap-
preparation bill for the current bien-
NAL period there was appropriated
for the payment of His Majesty's
Chamberlain the sum of six thou.
sand dollars. That during said
period, to-wit, on October LIST, 1888,
His Majesty appointed under the
great seal of the Kingdom and COM
missioned the petitioner his Cham
berlain, and that the petitioner has
since held and now holds the said
Office of Chamberlain.
That on July 23d, 1889, and at
other times, your petitioner has
requested and demanded of the
said Minister of Finance the pay
ment of the said salary, but that he
undutifully and unlawfully refused
and still refuses to pay the same or
any part thereof, alleging as his
reason that the Cabinet had not
sanctioned the appointment of your
petitioner to the Office of Chamber
lain, and that said appointment does
not meet with the approval of the
Cabinet, all of which more fully
appears by copies of correspondence
annexed.
But the petitioner AYERS that he
is His Majesty's Chamberlain, and
entitled to the salary appropriated
by the Legislature for that Office,
and that there is now due to him
the sum of three thousand dollars,
to-wit, two hundred and fifty dol
lars monthly for the twelve months
from the first of October, 1883, to
November LIST, 1889. The petitioner
AYERS his belief that there are now
and at all times have been sufficient
money in the Treasury from which
this salary might have been paid.
The respondent makes return in
substance as follows:
l. He admits that as such Min
lister of Finance he has charge of
the public funds of the Kingdom,
and has had at all times during the
year last past sufficient funds avail
able to pay the claim of the petit
toner.
2. To so much of said writ as
commands this respondent to pay
to said petitioner the amount ap-
propriated for the salary of His
Majesty's Chamberlain, from the
LIST day of October, 1888, to the
18th day of February, 1889, this
respondent represents and shows
unto the Court that in an action in
this court entitled, "In the matter
of the application of George w.
Macfarlane for writ of mandamus,
Us. w. L. Green" the said petit
toner did on the 9Th day of May,
1889, in and by his petition duly
filed, seek the payment from said
w. l.. Green, the then Minister of
Finance, of the snm of $3.50. 90
(being the amount alleged by said
petitioner to be due to him as salary
as such Chamberlain in respect of
the time between the dates last
aforesaid.) And that on the said
9th day of May, in pursuance of
said petition, an alternative writ of
mandamus was issued out of this
Honorable Court to and against the
said w. L. Green, Minister of Fin
ance as aforesaid, commanding him
to pay to said petitioner said amount
of $1250.00, or to show cause before
the Honorable Edward Preston, one
of the Justices of this Honorable
Court, on the 9Th day of May, 1889,
why he had not paid said amount.
That on the S1st day of May, 1889,
said VIM. L. Green, Minister of
Finance, as aforesaid, filed in this
Honorable Court his return to said
alternative writ of mandamus,
wherein he did show cause why
he had not paid said sum to said
petitioner, and did pray that said
alternative writ, so issued and di-
rected to him, as aforesaid, be dis
missed. And that the said cause
having been then and there SUBJ
mitted for the decision of said JUS