The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-02
TEST CASE
IS BROUGHT
Based Upon a Bill for
Printing of Tax
Blanks.

At length a test case for reappropria-
tons for necessary current expenses"
of the government to supply omissions
in the eighteen months bill has been
brought. Deputy Attorney General
Peters fled it yesterday. the following
being an abstract of the complaint:
The Hawaiian Star Newspaper Asso-
citation, Limited, represents that the
Territory of Hawaii was and is indeb:
ed to it in the sum of s251.25 for work
and labor performed and materials cdr-
nished for and on behalf of James W.
Pratt, William T. Robinson, Nathan
c. willfong and ]. K. Farley, tax as
SCISSORS of the four divisions respec-
lively.
The items of the bill are explained
amount was and is a necessary cur
rent expense of carrying on the gov
eminent of said Territory in its co'.ee-
ton of internal taxes, and chargeable
against an appropriation for incidental
expenses of the said and several tax
assessors of the Territory of Hawaii.
1t is related that James W. Pratt, as
the officer mourning the expense, ami
A N. Kepoikai. as Treasurer of the
Territory of Hawaii, approved the pc
titioner's bill according to law as quo
ted.
a statement is made of the pass 1ge
of a bill, at an extra session of the
Legislature of 1903, called by the then
Governor, Sanford B. Dole, for the con-
sideration of appropriation bills, max
ing special appropriations for the de-
partmentaI use of the Territory during
six months from July l., 1908, which
among its provisions made an appro-
priation for the incidental expenses of
the said and several assessors, being
1925 as incidentals of the tax office.
Then the complaint goes on TO tell
of bill passed making special appro-
priations for the departmental use of
the Territory during the period COM
mencing January 1, 1904, and ending
June 80. 1905, but by said Act 49, the
declaration runs, the Legislature fail
ed and neglected to make an appropri-
alton for the payments of the neces-
sary current expenses of carrying on
the government in its collection of in
pass any appropriation bill providing |
for such purpose.
On January 49, 1904, it is related, |
Governor Carter advised Treasurer Ke- |
poikai that he make payments for the |
necessary current expenses of carry
ing on the government in its collection
of internal taxes, and for that purpose
that the sum of 1925 appropriated in
Act 10, or the six months bill, be
deemed to have been reappropriated
for the purpose of providing for pay
ments of the necessary expenses Incl
dent to the collection of taxes.
The complainant, on February 90,
made demand on ]. H. Fisher. Audi
tor of the Territory, for warrant up
on the Treasury in the amount of it's
bill, $251.25, copy of which demand is
attached.
Said demand was refused by the
Auditor for the reason and upon the
ground that the said Legislature, so in
extra session convened, had failed and
to make, and there was not
now an appropriation by the Territory
of Hawaii, providing for the payments
of the necessary current expenses of
on the government of said
Territory in its collection of internal
taxes and for the purpose thereby of
providing for the payments of the nee
essary current expenses of the said
and several tax assessors of said Ter
ritory, in the performance of their du-
ties. as by law required and provided
during the period beginning with the
Lst day of January, A. D. 1904, and end
ing with the 90th day of June, A. D.
1905.
tWherefora, your petitioner, being
aggrieved by the decision of said Au-
1itor, and by his refusal to allow its
said demand, and to issue said war
ant, does hereby appeal therefrom to
he Justices of the Supreme Court; and
orays upon investigation hereof your
8onors will make an order. directing
aid Auditor to issue such warrant and
or such other relief as may be just
md proper
The plaintiff corporation signs "by 6
IS attorney, E. c. Peters, Attorney q
General