The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-22

banking and professional business The business of the proposed
corporation of these The respondent
filing the articles in question purely ministerial The duty
created by and confers discretion upon him Man
compel duties purely ministerial in
their and clear and specific call for the
else of any discretion in their performance Am Eng
Encyc. of Law, p. 50 and cases cited
Where the specific duty this imposed by
a mandamus may be awarded. People state ms. Co,
Mich 392 Under statute similar being general
under which corporations may be formed the Supreme Court
of the United States say: I'VE have consider when such
articles become the subject of construction, that they
pdte; their formation and eNecutorwhat shall be
put into them well what shall be left out-do take
place under the supervision of official authority whatever
They the production of private citizens up in the
of the parties who propose become corpoaor and
stimulated by their zeal for the personal advantage of the parties
concerned rather than the general good These articles when
signed by the corporato before any Justice of
the peace notary public and filed in the office of the
of State and the clerk of the proper county, become
pete and operative They far framed in accordance
with law, substitute for legislation put III the place of the
will OF the people OF the State formerly expressed 10y acts OF
the legislature Neither the officer who takes such acknowledge
those who file the articles haze OF criticism
reectio The duty of the first certify the fact and
of the second simply mark them filed public documents
in their respective Offices"
Oregon Il. X. Co. o. Oregonian Ry Co.. $50 t. S. 267.
In Castle Kdpena, Haw q, this held that
damus would lie against Cabinet Minister compel the per-
Torrance of purely ministerial duty, and in Bradley
Thaston Haw 523 mandamus was refused because the
granting refusing license to sell sprituou liquors found
be discretionary If be admitted that the filing officer
has the discretion reject the articles for of conformity
with his opinions of what the objects of the incorporation
lawfully be- he would be exercising judicial Junction. and
the object of the Act under consideration, which to
from the domain of discretion and possible avorsm
dislike the obtaining of interpretations, would be defeated
We do find that Section II Of the Act in question COT
$780, which reads No corporation shall be formed for OF
the purposes in this Act in other than above
provided confe the discretion upon the respondent to reject
articles association The respondent it that the
manner that is the form and method pursued to the
tcuars required by Sections and complied with This
is as far as he can 90 IF the papers ae
in this then the duty of filing them cast upon the re-
sponden This 18th section than the last clause
of Section which says that joint stock companies
Incorporated in the following and in othe
We hold therefore, that the duty the performance of which
by respondent prayed for purely ministerial and therefore
appealed from and order the writ of
damus issue if necessary
Having disposed of the above it is essential to
interpret further We remark that these proceedings
do conform the form of the peadngs wrts of this
recommended by this court Bradley ThurstOn,
Haw 1884, but objections made make
Kinney f Ballou for petitioner.
H. e. Cooper, AHomeyGenera ad Interim for respondent.