The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-18

sary limited to the legal rate which for portion of the
question cent and tor the remainder SIX per
cent the new law subject having been approved March,
1895 The current rate eight per cent and that
is the rate which would have had to pay had ne
borrowed money from others which he received or could
loaned the to Others and
which the estate could have received had the
ment been made on It's behalf
The the executor pay the masters fee OF $loo
out of his commissions which amounted to $744.70
effect dsalowance of commissions to that extent In view OF
the circumstances of the case, for disturbing
the order in this respect.
The order appealed from is affirmed
G. A. Darts for the appellant.
Holmes and Stanley for the appellees.
IN THE SUPREME COURT OF THE TERRITORY OF
DECEMBER TERM 1900
IN THE MATTER OF THE APPLICATION OF D. L.
AKWAI FOR A WRIT OF MANDAMUs AGAINST
j. A. McCANDLEsS SUPERINTENDENT OF PUB
q Lie WORKS.
APPEAL FROM o1Rou1r JuDeE, FIRST CIRCUIT
suBHrrEp JANUARY $, 1901 DECIDED JANUARY H. 1901.
FREAR, Gu. GA1BRA1r1H AND PERRY, JJ
building
the the applicant
provisions Notwithstanding
question the Board decides that the premises
deleterous public health resolution for
bidding the granting of permit to build on the premises
OPINION FREAR,
The petitioner seeks compel the respondent by mandamus
issue him building permit under sections 1o7s1os5
Penal Laws the respondent having alleged refused do
for about five months without assigned other than that
he did for the public good although the petitioner had
piled with all the requirements of the law.
The defense is that the Board of Health the 23rd
of last November three days after the of these
proceedings and the day before the day. passed the fol-
lowing resolution Whereas in the opinion Of the Board of
Health that district parcel of land situated the district of
Honolulu Island of Oahu bounded by Beretana Nuuanu
ku and River is deeeous the public health
of being low and at covered partially
with water and all improperly drained and incapable
OF eectua drainage and nsanay and dangerous
diton, Therefore, is resolved that all permits for buildings
be erected in said shall be denied until the the
has been raised to the grade of the public highway high
adjoining that the petitioners premises part the
district covered by the resuon that the petitioner had
complied with the resouton and that the officers of
the Board OF Health had after the of such resolution
and consequence thereof revoked the approval previously
given by one of them to the premises in question.
The statute does make the approval of the Board of
Health of its officers prerequisite the granting of
building permit and consequently the any ap
proyal is immaterial
The resolution of the Board directed granting
permits and not to the occupation of alleged nsanary
premises to the making of such premises sanitary
had the Board nothing do with building permits had no
authority pass resolution direct contravenon of the
statute which made obligatory Superintendent of Public
Works to grant the permit upon the applicants complying with
the provisions of the statute but its
sphere OF action to the method of accomplishing desired
end While it has large powers for the protection of the public
heah and safety 1t must appropriate accomplish
ends within the of its powers It could prohibit
the granting of building than could prohibit
con OF lease of the premises the contract
erect building thereon. The grant of permit of
itself endnger the public safety would necessarily lead to