The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-04-23
The MAkDhMUS CASE.
From he U1o Record, .IpyH :

ITOm NE nun RecDiW. .IDrU =.
The decision in the mandamus
case, the BULLETIN Notwithstanding
10 the contrary, has not given salts
faction to share, and that not u
small one, of the public. 1t was
well known TO the members Of the
Legislature held two years ago, that
the law contemplated the working Of
prisoners on any public work that
might be available, and when
appropriations were asked for
certain public works. as, for
instance. $4,000 for macada-
MIXING the streets OF Honolulu,
81 200 for Kalihi road, $4,000 for
road from kamoiliil to Kapiolani
Park, etc, etc, the Legislature
knew that in all probability prison
ers would he placed on those works.
And the appropriations asked for
had nothing to do with the fact of
whether or not prisoners would he
worked on them. When the appro-
priation of 5000 was asked for,
for the support of prisoners, it was
well known that a large proportion
of the time the prisoners would he
worked on public works, but that
the amount was needed for their
support. during the time they were
at work az well as when lying idle
in Jail. Ii not, why was 50 large
an appropriation asked for and
gfantcd:
As to the Volcano road: At the
time the matter was talked over, pro
and con, in the Legislature, it was
said that perhaps the prisoners on
Hawaii might be worked on that
road" not thinking that their sup
port should come ont of that appro-
priation, but, as always had been
done, Ost of that of Support of
Prisons The late decision, it
seems 10 us, not that we should
speak with disrespect OF the Su-
prcme Court, has muddled the whole
business of working our prisoners.
For if that is the true intent of our
appropriations, then, when u prison
gang is put on the work of repairing
q washout on Honolulu street for
which street an appropriation has
been made, 1t must be charged to
that appropriation. and so, if twenty
different gangs were worked that
same day on different public works,
4 separate account must be kept by
the iailor of each gang, what it cost
that day TO support them, the share
Of the expense of jail.kecping and
lunas for that day, and so on. Where
would the end be?
Five men may be at work on re-
pairing wharves, two cleaning out
houses in the government grounds,
one helping on repairing electric
light wires, etc. Each account must
be kept separate and voucher 70,
the support of each drawn on the
appropriation for such work. But
then we fall back on the intent OF
the Legislature, when it passed
these items for public works, and
we do not for one instant hesitate &c
say, that it was not the intent, that
the "suppOrt Of prisoners" should
be charged as above stated. Oul
statutes plainly say that, in the IN.
depreciation of laws, the intent o.
the Legislature should he taken into
consideration. And that, it seem:
to us, IN our short-sightedness per
haps, the late decision does not do
No, it looks to outsiders that th,
whole object of the Auditor Genera
was TO try and make capital against
the present Cabinet. 1t was ncccs
sary, perhaps, that something should
be done to enable the anti-Rcformers
to start 4 cry of ''mal-administra'
ton against the Minister of TIT
Interior, for they well know that TIT
affairs Of the department, rs W,
honestly believe, have been so hon
estly and squarely conducted, tina
nothing could be laid against it. Blu
Mr.. -Thurston must be ousted an,
this is the woy to do it. But yo,
may fail in it yet, my good fellows
Meantime large number of prison
crs are at present lying in our jai
here doing nothing, as appropria
items for public works in the dstric
are not available. Is this the sin
tent" of the Legislature: