The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-10-27
BOYD WANTS
HIS SALARY
he Appeals From the
Decision of Auditor
Fisher.

Robert N. Boyd has been refused hi.
salary as deputy registrar of the land
court and he has appealed to the SUI
preme Court to settle the differences
| between himself and Auditor Fisher
Auditor Fisher bases his refusal on the
ground that the appropriation of s2s,-
900 made by the extra session of the
Legislature is not available before jan
uary i, 1904. Under this ruling the
land court will have no fund for ex.
penses until the first of the year, al
though the salaries are not affected.
Lorrin Andrews appears as attorney
for Boyd and w. o. Smith for Auditor
Fisher. A letter from the auditor is
attached to the petition, Mr.. Fisher
saying in response to Boyd's demand
for money:
Il regret to inform you that cannot
comply with your demand for the rea-
son that the Legislature at it's present
session failed to make an appropriation
out OF which the same could be paid"
The appeal to the Justices of the
Supreme Court contains the following
statement of the case by the appellant:
Your appellant, R. N. Boyd, hereby
appeals to the Honorable, the Justices
OF the Supreme Court of the Territory
of Hawaii, and respectfully shows that
difference Of opinion has arisen
whereby your appellant has become
aggrieved by a decision of the auditor
refusing to allow a demand presented
by the said r. N. Boyd, for salary, from
July 20 to September 80, A. d. 1903,
both inclusive, and alleges as follows:
That he Is and has been since the
goth day of July A. d. 1908, the duly
commissioned, qualified and acting dep
uty registrar of the Court of Land
Registration under and by virtue of his
appointment by VIM. Savidge, regis
trar, with the sanction of the court
acting by authority of Sections and
of Act So of the Session Laws of 1908.
That His EXcellency, Sanford B.
Dole, Governor of the Territory of Ha-
wall. duly fixed the salary of said office
to be fifteen hundred dollars per an
mum.
That said r. N. Boyd duly qualified
by filing an apr ed bond and taking
an oath of office and that Hon. j. H.
Fisher was duly notified of the appoint
ment of said r. N Boyd to said office,
of his having qualified and of the SAL
airy fixed by the Governor as aforesaid.
w.
That said r. N. Boyd thereupon and
after July 81, A. D. 1908. demanded of
said Hon. ]. H. Fisher, as auditor, a
salary warrant to cover the period of
July 20 to July 81, 1908 at the rate
of one hundred and twenty-five dollars
per month.
That said ]. H. Fisher refused to de-
liver to said r. N. Boyd a salary war;
rant to cover said period or at all.
v.
That said r. N. Boyd again on Octo-
Der 10, A. d. 1908, demanded of said
Hon. J. H. Fisher as auditor aforesaid,
salary warrants to cover the period of
his employment from July 20 to 81,
both inclusive, and from August 1 to
September 80, A. d. 1908, both inclusive,
a copy of which is hereto annexed,
hereof. and that said ]. H. Fisher re-
fused to deliver to sal r. N. Boyd
or to any one warrants to cover said
salary. alleging and claiming that there
was and is no appropriation out of
which the salary of the deputy regis
trar under the -gistrar of the court
of land registration may be paid; that
Act 10 of the extra session of 1908 makes
no appropriation for the expenses of
the land court; that Act 10 o! said
extra session appropriates $22,500 for
such expenses (page 423) under the
Treasury Department.; and says that
said last named appropriation for en-
penses Of said court of land registra-
tion is not available until January l, |
A. d. 1904, a copy Of his written re-
fusal is marked Exhibit 3D." attached
hereto and made a part hereof.
VI.
Your appellant alleges and claims
that the said sums so appropriated are
and became Immediately available as
appropriations for the payment of ex-
penses of the said court from the time
of the approval of the Act. July II, |
1903, and so continue during the full
biennial period or until June 80, 1905,
inclusive.
Wherefore your appellant takes this
appeal, and prays that said appellee be
commanded by their Honors the JUS
tices aforesaid. to audit and allow the
salary of appellant, as provided by
law, for and during the period above
set forth.
Dated this Gath day Of October 1908.
(Signed) r. n. BOYD,
Appellant.