The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-27
BOYD WANTS
HIS SALARY
He Appeals From the
Decision of Auditor
Fisher.

Robert n. Boyd has been refused his
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 s22,-
500 made by the extra session of the
is not available before Jan
uary 1, 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 Boyds demand
for money:
Il regret to inform you that I 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
a 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. 1908,
both inclusive, and alleges as follows:
That he is and has been since the
Goth day of July A. D. 1903, 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
s of Act Sc of the Session Laws of 1908
II
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 yed bond and taking
an oath of office and that Hon. ]. 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 an(
after July 81, A. D. 1903, demanded o
said Hon. ]. H. Fisher, as auditor, {
salary warrant to cover the period o
July 20 to July 81, 1903, at the rat
of one hundred and twenty-five dollar
per month.
That said J. 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. 1903 demanded of sail
| Hon. J. H. Fisher as auditor aforesaid
salary warrants to cover the period o
| his employment from July 20 to 81
| both inclusive, and from August 1 t
| September 80, A. D. 1908, both inclusive
| copy of which is hereto annexed
marked Exhibit "A'' and made a par
! hereof, and that said J. H. Fisher re
! fused to deliver to sail r. N. Boy
| or to any one warrants to cover sal
salary, alleging and claiming that Their
| was and is no appropriation out o
| which the salary of the deputy regis
| trar under the registrar of the cour
of land registration may be paid; tina
| Act 10 of the extra session of 1903 make
no appropriation for the expenses o
| the land court; that Act 13 OF sait
extra session appropriates $22,500 TO
such expenses page 423) under tn
Treasury Department; and says tina
said last named appropriation for eS
penses of said court of land registra
ton is not available until January
A. D. 1904, a copy of his written re
fusal is marked Exhibit 'B, attached
| hereto and made a part hereof.
VI.
Your appellant alleges and claim
that the said sums so appropriated ar
and became Immediately available a
appropriations for the payment of ex
penses of the said court from the tim
of the approval of the Act, July II
| 1903. and so continue during the full
| biennial period or until June 80, 1906
| inclusive.
Wherefore your appellant takes thi
appeal, and prays that said appellee
commanded by their Honors the Jus
| tees aforesaid, to audit and allow tn
| salary of appellant, as provided b
| law, for and during the period abov
set forth.
Dated this oath day of October, 100;
(Signed) r. n. BOYD,
Appellant