The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-03-22

II these bills would be to apply further
sums to this work from the special ap-
for the Support Of prisoners.
II is an obvious remark to be made that
The proprietv Of such draft does not de-
pend on the fat oi the designated sum
of $50, 900 having been exhausted or not.
II it should be correct nOw 10 apply
money from the support 81 prisoners'
fund, the road appropriation being ex-
il would have been correct 70 do
50 during the whole period. The sum Of
the bills here presented is $3.50 20. A
like sum for each Of the twenty-four
months Of the biennial period would
amount to $l3,2O9 60. But small or
great, or for a longer or shorter time,
what should be 80 taken would be an adj
dition from the one fund TO the other.
II 10 plain that the power 10 do 70 would
enable the Minister Of the Interior to
practically make his own appropriation
for every object in which prison labor
may be employed. The expressed will
OF the Legislature that the expenditure
should he such sum for such an object
would be overcome; no such item would
represent definite amount. II would
be the granted amount plus the support
OF prison labor upon it.
hold, therefore, that the particular
statute prescribing q sum 10 be expended
on public work is not controlled by the
statute which generally designates the
mode OF working prisoners.
The determination of the Auditor
General that the fund for the support
OF prisoners" was not applicable to the
payment u these bills, in this view, Was
not an abuse Of discretion and was not
beyond his province or jurisdiction to be
controlled by the Court.
The provisions Of the Act Of 1862 NAV
be claimed to particularly justify the en-
ployment OF prisoners without reference
to fund for the payment Of the ex-
penses appurtenant. l think this sta
tutc applies to the ordinary annual work
on existing roads, aud leaves the Ques-
ton Of payment to be determind by
other statutes. They are roads in charge
OF the Road Supervisor. He is permit
ted to make application for this descrip-
ton OF labor. There is nothing which
imports that it is not to be paid for out
OF the funds for the road making. In
the case before us q new road is pro-
vided for. 1t is as distinctly separate
public work, as would be the erection OF
q new public building. The bills pre-
sented are for q new set Of jailors and
superintendent required in working
prisoners on this road. The reasoning
have applied to the construction of Sec
ton 2l5 in my view equally applies
here.
The two other bills are submitted to
be for sustenance Of the prisoners while
employed ON the Volcano road Stand
ing by themselves, they might be consid-
cred PAYABLE out of the fund for the
support Of prisoners, but in view of the
fact brought to the Auditor Generals
knowledge that the result would be an
application of so much money to the
Volcano road, in lieu Of charging the
labor at the statute valuation of fifty
cents per day to the road appropriation,
and making no charge for the susie
nance, these bills may be classed with
the others.
In respect to the custom shown by the
pleadings to charge such expenses as
these bills represent to this support OF
prisoners appropriation. and the fact
that the respondent has during present
biennial period go allowed them up to
the present refusal, have only to say,
that when judicial Interpretation IL
| asked, it must be based upon principles
If practice hitherto has not conformed &c
| the law strictly construed, this cannot
| set aside the law. From timc to time
| the Courts are called upon to correct
loose practice. It is not surprising thai
| the examination of an Auditor Gan office
| of recent date in this country should
discover Irregularities. The Office was
instituted for the purpose of scrutiny
and an Auditor who does not audit may
we'll not exist. The power given to THU
officer is undoubtedly high one. By
Section 10 of the Audit Act, it is pro.
vided that no payments shall be made
by the Minister of Finance, salaries ex
cepted, unless the accounts therefor shall
have been previously countersigned BY
the Auditor. To enable the Auditor 4
maintain this high and quasi judicia
position, he is appointed to hold hii
Office during good behavior, only to b<
removed for incompetency or misbeha
vior by the King with the advise o
the Cabinet Council upon the ad
dress of the Legislative Assembly, ant
his salary cannot be diminished durinf
his continuance in Office. 1t is equal 4
the salary Of Minister or Justice o
the Supreme Court
The relator complains that by the re-
fusal of the defendant to approve these
bills, he is prevented from properl,
carrying out the duties of his Office q
Minister of the Interior, and it wa,
warmly contended in argument that TIT
Auditor was fundamentally assuming
power to control the Government and 3,
arrest its action. Yes, the unauthorizet
expenditure by the Government or an,
branch Of it he may arrest. 1t was ever
claimed that the fact that the bills wer,
presented by Crown Minister was
sufficient warrant for the allowance. Blu
| not 90 do l construe the score Of tn
Audit Act. The judgment that claim
are made upon funds legally available O
applicable is the judgment Of the Audito
for himself.
Finally, the question may be asked
it was implied here-what is the Ministe
to do with the prisoners when there ar
nounexpended appropriations for road
and public works? answer that it is no
for the Auditor to join with the Ministe
in enlarging TIE expenditure granted b,
the Legislature to certain works. Il
this instance it has not been shown tina
the Minister is in this position. Tn
Auditor has to do his duty on cases a
they arise. II there is or should be
disproportion between the amount O
prison labor at the service of the Govern
ment and the amount of public wor
provided for, it may be matter for tn
Legislature to consider. The action {
the Auditor in this instance may call al
tention to the matter.
The prayer for Writ of Mandamus
denied.
p Potorcop for tho pola<o.. Z n