Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-12-17

hANDAMUS AUDITOR
Il shall do everything in my power
to maintain the financial credit of this
! Territory, as its Treasurer, or go home
to Maui said Treasurer Kepoikai
speaking on the matter OF his injunc-
/ ton suit against Superintendent Of
Public Works c. s. Holloway, to res
4 train him from turning over to the
| County government in January the sys-
TEN Of water works, sewers, conduits
and so forth.
The water works belong to the
! Territory" said Mr.. Kepoikai and |
mean to exert every endelvor to keep
/ them for the Territory. The Territory
needs the hundred thousand dollars
q year accruing from these works and
n contest the legality of the County
Act transferring from the Superin-
! tendent of Public Works to the Board
/ Of Supervisors Of each County all pow
ers relative to any Of the water works
systems.
Water works systems on the othef
/ islands amount to little as far as rev.
enue to the Territory is concerned;
the Honolulu works are all important
from n Territorial financial standpoint.
The works on the other islands have
mostly been established since annexa-
ton. The property on this island was
turned over to the United States and
then handed back TO the Territory. and
t. clearly Territorial property"
Section Ala Of the County Act is res
ronsible for the present injunction
suit II reads as follows: "All powers
Of the Superintendent Of Public Works,
relative to any of the water works
systems in the Territory are hereby
transferred from the Superintendent
of Public Works to the Board of SUI
pervisors of each County in which the
same ara situated"
Il am not asked to join in the coun-
ellis of the executive" said Treasurer
Kepokai when 1t was suggested that
his injunction suit had come as some
thing Of a surprise, and therefore have
not had the opportunity 10 acQuaint the
heads of other departments with my
contemplated actions in this matter.
The proposition is financial one;
the Territory cannot afford TO lose the
considerable revenue from the water
works.
J. Yes" Other and similar legal pro-
cCedings are likely to follow this wa
same action in reference 70 all equip
ments used by the Territory in the
lighting of streets or public buildings,
- restrain the Territory from turning
them over to the County government"
Sections AS and llG OF the County
the County government of all public
lighting apparatus.
Asked as to his probable action in
the event of the Auditor refusing to
issue warrant on the Treasurer's
voucher for $3.50 as retaine" to Kinney
McClanahan & Cooper. attorneys in his
suit against the Public Works, Mr..
Kepoikai stated that he would not
hesitate to bring mandamus proceed
ings against the Auditor.
o Treasurer Kepoikai yesterday after.
noon signed the complaint in the wa
ter works proceedings and Judge De
Bolt presiding at chambers in the
circuit court, signed an order for SUI
perintendent Holloway to appear at 10
o'clock Saturday morning TO show
cause why he should not be restrained
from turning tn ewater works over the
County government.
| Attorney General Andrews, seen this
morning, said he would represent de.
! PENDANT Superintendent Holloway in
the case.
Concerning the $3.50 voucher for re-
taner. Mr.. Andrews stated that he had
not yet investigated the pUiHt and
would consult the authorities as early
as possible. 1t was his idea, without
having looked into the facts, that, in
asmuCh as the voucher called for re.
Enumeration where no services had been
performed. that the Auditor was not
obliged to draw the warrant Ever
since he had been the custom not to
pay attorneys engaged for special work
by heads of departments until the SER
vices had been rendered. The retainer
proposition was unprecedented as far
as experience of his incumbency went
When attorneys were engaged to han
die work for the Government In other
circuits they were never paid until
their work had been completed Even
their traIeling expenses had not been
advanced. When T.. p. Dole went to
Washington in the Mankichi case, he
was not compensated until he returned
and his work was done.
| 30
The largest shipment OF turkeys
ever shipped to Honolulu arrived on
the Ventura, consigned to Metropoli.