The Hawaiian gazette., 1890-03-25

cision is taken up with the discussion Of
the question whether or not the Minis
ter has the hight TO direct the prisoners
to work upon certain public works, or
whether he is subject to the advice and
consent OF the Auditor General"
"What effect will the decision have
upon prison labor in Honolulu
1.-The effect is that it has compelled me
TO withdraw all the prisoners from the
works and keep them confined in Jail, as
the Auditor has refused TO audit the bills
incurred for salaries of the deputy-jailor
and guards and for feeding the prisoners
during the month OF February, and the
salaries of the guards for the first two
weeks in March. He has also refused TO
audit the bills for the February expenses
of the Maui and Kauai prisons, and all
this without the slightest warning that
he proposed to change the precedent of
years standing. The result has been to
cause great confusion and much trouble
and dissatisfaction on the part OF the
guards. There is the order which have
issued to the Marshal which speaks for
itself -
DEPARTMENT OF INTERIOR,
Honolulu, March %, lS90I
j. H. SoPER, ESQ, Marshal.
SIR:-The Supreme Court having de-
cided that no prisoners can be employed
on any public work for which appropria-
tons have been made unless the expense
of feeding and guarding them is charged
to such appropriations. and there being
no appropriations for public works avail
able for supporting prisoners in accord
ance with such decision, you are hereby
directed to Immediately stop all prisoners
from working on public works and con-
fine them in the several jails until further
orders
You will also discharge forthwith all
outside guards, retaining only such guards
as are necessary to guard the prisoners
in the jails.
The Supreme Court has decided that
the Auditor-G General has the sole discre-
ton to decide whether a bill should be
audited and paid or not.
The Auditor in the exercise of the dis
cretion thus conferred upon him by the
Court has refused TO audit the bills pre-
scented by YOU this week for food supplies
for the prisoners at the Oahu jail and for
salaries of the Deputy-Jailor and guards,
both iii the Jail and those guarding the
prisoners at work. am therefore unable
TO pavthe same, and you are hereby d.
rected to so inform the persons holding
such claims, and also to say that unless
the Auditor-General changes his mind,
nothing can be done for them until the
Legislature meets, when | will ask for an
appropriation to pay their claims
As to the future pay Of the -uar1s at
jails, If | understand the position taken
by the Court and the Auditor, the latter
will au lit bills ior guarding and feeding
prisoners drawn against the approprla-
ton for Support OF Prisoners" II they
are idle, but viii not do SO ii they are
working on the public works.
Ii my understanding is correct he will
probablyaudit the bills herealterincurred
while tue prisoners are idle, but as he
has the sole discretion to audit or not as
he chooses, cannot be sure that he Will
do so. You will therefore please present
bills to him at the end OF the coming
week Tor tue services OF guards and ma
terial furnished during the week, in order
that we may ascertain what course he
proposes to pursue.
l have the honor to be,
Your obedient servant,
l.. A. THURsToN,
Minister OF Interior"