The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-03-01
TEST CASE IS REGuN
CONTINUED from Page j.


entitled An Act making Special Appro-
priations for the Departmental use of
the Territory during the period COM
mencing the LIST day of January, 1904,
end ending with the Both day of June,
1905, pass an appropriation bill pro-
viding for payments of the necessary
current expenses Of carrying on the
government during the period in the
title of said Act expressed and meeting
it's legal obligations, as the same were
provided for by the then existing laws,
Tut by said Act 10 failed and neglected
to make an appropriation for the pay
mepts of the necessary current expen-
Uses of carrying on the government in
its collection of Internal Taxes, nor did
it, in said extra session, pass any ap-
preparation bill, or bills, containing an
appropriation to provide for the pay
ments of the necessary current ex-
penses Of carrying on the government
in it's collection of Internal Taxes and
| thereby paying the necessary current
/ expenses Of the said and several Tax
Assessors of the Territory of Hawaii in
the performance of their duties as by
law required and provided.
That thereafter, to wit: on the 18th
| day of January, 1904, the Governor of
the Territory of Hawaii, to wit; The
Honorable George r. Carter, did al,
wise the Treasurer of the Territory Of
Hawaii, to wit: The Honorable A. n.
Kepoikai, that he. the said Kepoikai,
make payments for the necessary cur
rent expenses of carrying Oh the gov
eminent of the Territory of Hawaii in
its collection of internal Taxes, and for
that purpose that the sum, to wit: the
sum OF Three thousand one hundred
and twenty-five (3,125) Dollars, by said
Act 10 appropriated for such purpose,
be deemed to have been re-appropriat-
ed for the purpose of providing for pay
ments of the necessary current eXpen-
SEES of the Territory of Hawaii in it's
collection of Internal Taxes, during the
period beginning with January 1st 1904
and ending with the both day of June
of said year.
That on the 29th day of February,
A. d. 1904 the Hawaiian Star Newspa-
per Association, Limited, made a de-
mand on j. II. Fisher Esq, Auditor of
the Territory of Hawaii, for a warrant
upon the Treasury of the Territory Of
Hawaii in the amount of said bill, to
wit: the sum of Two hundred and fifty
one (25D Dollars and twenty-five (25)
cents, as more fully appears by copy
of said demand hereunto attached,
marked ExhibitB,' which said demand
copy of said bill, a copy of which is
hereunto attached, marked Exhibit "A
That said demand was refused by
the said Auditor, for the reason and
upon the ground that the said legisla-
ture, 80 in extra session convened, had
failed and neglected to make, and there
was not now an appropriation, by the
Territory of Hawaii, providing for the
payments of the necessary current ex-
.penses Of carrying on the government
of said Territory in it's collection of
Internal Taxes, and for the purpose
thereby Of providing for the payments
of the necessary current expenses of
the said and several Tax Assessors of
said Territory in the performance Of
their duties, as by law required and
provided, during the period beginning
with the LIST day OF January, A. ID.
1904, and ending with the 3Oth day OF
June, A. d, 1904"
The court Is asked to make an order
directing the auditor 20 issue the war;
rant I'm question.