The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-10-27
BOYD DEMANDS
HIS SALARY
AUDITOR FISHER CLAIMS THERE
is NO APPROPRIATION UNTIL
NEXT JANUARY.


Fisher has refused to pay on the
ground that the appropriation from
which It is to come does not begin un-
til January / 1904 Boyd's petition is
in the Supreme court and sets forth
that he has been regularly appointed
and has qualified, but that Fisher re-
fuses to pay his salary. Boyd AYERS
that the sums appropriated for his
salary became Immediately available,
and asks that Fisher be ordered to
audit his salary claim. Lorrin An
drews appears for Boyd and w. o.
Smith for Fisher.
Boyd's statement of the case is as
follows:
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 go 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 William Savidge regis
trar with the sanction of the court
acting by authority of Sections Z and
s 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 approved bond and taking
an oath of office and that Hon. j. H.
Fisher was duly notified of the APP
pointment of said r. N. Boyd to said
office, of his having qualified and of
the salary fixed by the Governor as
aforesaid.
THAT said r. N. Boyd thereupon and
after July 81, A. D. 1903, demanded of
said Hon. j. H. Fisher, as auditor, a
salary warrant to cover the period of
July 20 to July 81, 1903, at the rate of
one hundred and twenty-five dollars
per month.
THAT said ]. H. Fisher refused to
deliver to said r. N. Boyd a salary
warrant to cover said period or at all.
THAT said r. N Boyd again on Octo-
Der 10, A. d. 1903, demanded of said
Hon. ]. 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 Of nrhi oh is
marked Exhibit "a and made a part
hereof, and that said J. II. Fisher re-
fused to deliver to said 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 registrar of the court
of land registration may be paid; that
Act 10 of the extra session of 1903
makes no appropriation for the expen-
ses of the land court; that Act 10 of
said extra session appropriates $22, SOC
for such expenses (page 429) under the
Treasury Department; but says that
said last named appropriation for ex-
penses of said court of land registra-
ton Is not available until January 1
A. D. 1904, a copy of his written re-
fusal is marked Exhibit 3D." attached
hereto and made part hereof.
your appellant alleges and claims
that the said sums so appropriated are
and became Immediately available a:
appropriations for the payment of ex
penses of the said court from the time
of the approval of the Act, July IL
1903, and so continue during the full
biennial period or until June 80, 1904
inclusive.
Wherefore your appellant takes thi
appeal and prays that said appellee b.
commanded by their Honors the Jus
tees aforesaid to audit and allow thu
salary of appellant as provided by law
for and during the period above Sc
forth.
Dated this oath day of October 1908
(Signed) r. N. BOYD,
Appellant"
Judge De Bolt granted the motion
of Frank Andrade for a commission t.
take the testimony of N. Gordon Mon
70, Chris Holgate, William Edward
Bishop Taylor and E. c.. Bellows, al
residing at Yokohama, Japan in tn
matter of the estate of Frederick
cutter, deceased.
In the action to quiet title of Luc
K. Peabody VS.. Emily p. Judd an
others, Judge Robinson allows tn
plaintiff thirty days in which to fiji
her bill of exceptions to the Suprem
Court.
Return ofsummons as duly serve
! has been received from p. L. White.
deputy shefiff of Alameda county, Call
fornia in the divorce case of WilliaI
E. Hadley VS.. Rose A. Hadley.
:, A general denial of all the allega
tions in the complaint has been file
by defendants in the suit of Kamake
(w), VS.. ]. H. Schnack, Harry Juen am
William Savidge, claiming damages 70
wrongful ejectment of plaintiff from
, house.
For value received C. c. Biting ma
assigned judgment in his favor agains