The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-07
WILL. MAKE
TEST CASE.
Austin Refuses to
Pay Election
Officers.
SUBMITTED TO
SUPREME COURT
Secretary Appeals from Auditors
RuIine-Question Of Draw
ing Two Salaries.

Henry z. Cooper, as Secretary Of tn
Territory, has appealed directly to the
Supreme Court in the matter of the re
fusal of H. c. Austin, as Auditor, to pay
certain bills incurred in the special cleo
ton held at Eilo last month. The ques
ton to be decided is an interesting one In
that it will settle for all time what con-
stitutes the holding of more than one Of
fee in the Territory of Hawaii.
Secretary Cooper, i'll his statement OF
the case, alleges that W. A. Ray, e. w.
Estep and J. w. Moanauii are duly APP
pointed inspectors of election, and VIM.
Ragsdale kawanoa, clerk for the First
Representative District; that on Decem-
Der 9Th, 1901. the above named served as
such at the special election and thereby
became entitled to the payment of ten
dollars for such services chargeable
against the appropriation of expenses of
election
THAT said II. c. Austin as Auditor has
refused to audit such accounts as repre-
scented by the vouchers submitted, and
has returned them to your appellant I'M
satisfied
Auditor Austin's reasons for this re-
fusal are given in letter marked Elk,
hibit a, as follows:
1.-The above named persons are regular
salaries at the rate of s1OO per month.
from appropriations under Act 8, Extra
Session. 1901, making special appropria-
tons for salaries and pay rolls during
the two years which viii end with the
3Oth day of June, 1903.
Section of said act provides that No
persons holding more than one office
shall be authorized to draw more than
the salary of the office held by him IL
the salary of any office held by him shall
amount to twelve hundred or more per
annum, and he shall be entitled to no
other or further compensation
In Exhibit +, in a communication to
the Auditor, Secretary Cooper says that
these men are not officers in the meaning
of Act of the laws of the extra session,
continuing: My contention being that
to bring person within the provision of
section lie must hoId an office the ten |
ure CT which is provided by law or that !,
he be in receipt of special salary APP
propriated by Act 8.
"Second-That the provisions of section /
3, Act 3, do not apply to the expenditure !
of money appropriated by Act of the
Laws of the Extra Session of 1901, and
that the phrase, and he shall be entitled
10 otrer or further compensation. -
limited in its application to the services
performed for a salary appropriated by
Act g. in other words, if a man draws
a specific salary he is entitled to no other
Or further compensation for performing
the duties of that office; but if he is call
ed upon to act in any other capacity in
accordance with some other law, and his
is to be paid from some
Jaw not determined by Act g. the phrase
to is not prohibitive and in no
way affects his right to be paid for other
services rendered the Territory.
"Th:rd.-The fund upon which the
vouchers were approved was appropriate
ID by Act T. which contains no limitation
Is to expenditure referred to-
Auditor Austin replied by stating that
his position was In accord with former
'ulipgs of the Department, and advising
is submission to the Supreme Court.
CIRCUIT COURT NOTES.
Otto Meyer has been appointed admin l
strator of the estate of H. P. Meyer,
With bond of $1,000
y d.scontinuance has been filed in the ]
iivorce libel of Virginia NJ. Lancaster vs..
IiIlie Lancaster.
The accounts of F. a. schaefer, trustee i
If the estate of 4. a. Corniot, Were APP 1
'roved yesterday. c. c. Biting, master, 1
vas allowed a fee of 500 /
The final accounts of Meta a. Suther-
and, eXecutrix of the will of Mary \. /
Bruins, were approved and her discharge |
rdered. The balance of S6.94S.5O was or !;
cred distributed to the heirs.
The final accounts of NJ G.. Silva, ad- |
Illustrator of the estate of John Da /
'osta, were filed yesterday. The balance
n hand amounts to 81 223 IS. |
LIE Cheong. Chinese Interpreter. will go
o Hlo on the Kinau today to attend
udge Titles court