davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
DoUTHITT's OPINION.
Honolulu, August 2,

Honolulu, August 2, 1905.
: Hon. Geo. w. Smith, Chairman Board
of Supervisors, County of Oahu.
Dear Sir: In reply to communication
annexed hereto, handed to me today by
you, beg to reply as follows:
Section 81. Subdivision g. Chapter IA
of the Count Act, vests the power of
the authorization and expenditure of
County funds in the Board of Super
visors, and reads as-fellows:
ITO authorize and supervise the ex-
penditure of all funds belonging to the
County"
The language of this paragraph is
plain, and unquestionably the Board
Of Supervisors has the power to direct
how public funds may be expended. {.
The duties of the County Auditor
with relation to the issuance of Coun-
ty warrants will be found in Section
rs, Chapter 10 of the County Act, which
Section does not authorize the Auditor
to issue any warrants upon the Treas
urer, unless the claims of the persons
entitled thereto shall be first legally
examined, allowed and ordered paid by
the Board of Supervisors"
Right here 1t may be remarked that
the Board of Supervisors has legally
examined, allowed and ordered paid"
warrant No. So in favor of Mr.. Samuel
Johnson for the sum of $1446.44. 1t is
plainly apparent that the Auditor could
not issue a. warrant upon the County
Treasurer, unless in pursuance OF ac-
ton previously taken by the Board of
Supervisors with regard to the fssu-
ance of such warrant. The Auditor,
when the claim has been allowed and
ordered paid by the Board of Super
visors," is protected SO far as the is
suance OF his warrant upon the Treas
urer is concerned, and when a claim
has been legally examined. allowed
and ordered paid by the Board of SUI
pervisors" it then becomes the duty
OF the County Auditor to issue a war;
rant on the Treasurer for the payment
of the same. In other words. the Au-
ditor, In issuing such warrant, does so
in a purely ministerial or clerical cap
acity.
Subdivision of Section 81, Chapter
22 of the County Act. with relation to
the duties OF the County Treasurer,
reads as follows:
.'Disburse County moneys only on
County Warrants issued by the County
except on settlement with the
Unquestionably. the County Treas
urer could not pay to any person any
money except upon the warrant issued
by the County Auditor.
When a warrant is issued upon the
County Treasurer by the County Audi
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
KIND FATE KEEPS THIS
OFFICER OUT OF DANGER

mander John Leonard u awn
Twice he kept waps their destruction
shortly after he left them Last night
tragedy board the Bennington
months Leonard executive officer
Lawon
Less than two months after he left her. the
twisted steel walled of her
doomed
Vandaa destruction
1882
tried his best to aboard the ship for
able
ward the mbers the ship
of the ngratuang
self o his escape
Lieutenant Commander Leonard confirmed of
the Bennington REPAIRS greater
of the Benningons sister ships laid navy yard
Tiers being in bad condit
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

had some right In the matter. Per-
sonally Moore was In favor OF separate
warrants.
The motion making the payroll pay
able TO johnson was passed by a vote
OF to 2, Paele and Moore voting mo"
Mr.. johnson was givep his payroll
and went TO the Auditor for his war
rant. Adams thought that the Treas
urer would stili refuse to pay any but
individual warrants. but Chairman
Smith said that the board had better
wait until the treasurer's action was
known.
The Committee on Public Expendi-
lures reported approval of warrants 257
to 2ss for material amounting to
sl277.4O. Approved by the board.
Chairman Lucas of the Committee
on Roads, Bridges and Parks. recon-
mended that the payroll OF the road
department, amounting to ss5os.So, be
approved asd the warrant made pay
able to Road Supervisor johnson for
disbursement to the men. Approved
Adams made a report recommending
for approval the claim of the Henry
Waterhouse Trust Co. for $3.50 as pre-
MUM on bonds OF officers. Approved.
The claim OF the Pacific Surety Com
pany was held up for the examination
of an item, as It was believed that a
mistake had been made in making out
the claim.
Lucas read report OF the, Roads,
Bridges and Parks Committee recon.
mending the payment of the payroll
under the special road tax, amounting
to sl61s.11, to Sam. johnson for dis
bursement to the men. Approved.
At this point County Attorney Dou.
thitt entered the room, having been
comforting with County Treasurer
Trent. Mr.. Douthitt addressed the
board, stating that Mr.. Trent claimed
that every warrant must state for
what service the money was to be
paid. He also claimed that the war;
rant in question showed that the indi-
! viduals on the payroll were the per-
sons who had performed the service
and We're entitled to the money in
stead of Sam. Johnson.
| The Treasurer claimed that the war.
rant must be made payable to the per.
sons who performed the service stated
in the warrant. 1t was evident that
Johnson had not performed those ser.
vices, hence his refusal to honor the
warrant.
| Several ways of settling the matter
were, proposed by members of the
board. but none seemed practicable
Mr.. Douthitt said that Johnson miEh
sue out a writ of mandamus. Thi.
would take day or two. Meanwhile,
the garbage department employee,
would go without pay. Before any de
cision was reached the board, on mo
ton of Adams, adjourned until $3.50 p
m. today. There will also be an even
ing session tonight. At one o'clocl
this afternoon the board will attend al
exhibition tower drill at the Contra
Fire Station.
Today's business will be on the esti
mates of the expenses OF the variou
departments for August.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
. e.*** ~ ***** $500

On his former temporary incumben-
/ cy of the Governorship, It will be re-
membered, A. L. C. Atkinson did a
Napoleonic stroke for citizen labor in
wall and Maui.
Next to the settling of the public
lands with people who are either citi-
zens or eligible to become such--per-
haps indeed ahead of that purpose
Acting Governor Atkinson places the
matter of encouraging the employment
of citizen labor in every way possible.
Now he proposes to extend this prin-
ciple in a manner liable to cause a
fluttering in the dovecotes. His plan
is to introduce means of encouraging
citizen labor into the administration Of
public lands. Let himself tell how 1t
may be done.
II have made a suggestion with
view to promoting the employment of
citizen labor" the Acting Governor
said yesterday.
There is piece of land up Nuuanu
Valley suitable for homesteads. We
sold piece of land up there, near the
old Nuuanu homesteads. Two lots
were bought by Mr.. p C. Jones. There
are more for sale at the same rate.
Superintendent Holloway asked my
permission to agree to it and I, having
in mind that the purchaser of the FORM
er piece, Mr.. Jones, built his house with
alien labor and not with the labor of
citizens or those eligible for citizenship,
was moved to make a suggestion.
II have asked Mr.. Holloway IL a
condition cannot be made-I being will
ing to make the sale-whereby a build
ing of certain value should be erect
ed on the land, which building should
be constructed by citizen labor or by
those eligible to become citizens.
ION every side see rich people put
ting up good houses with alien labor.
There is house costing probably
$1,000, for instance, being erected on Luz
nalilo street by allen workmen.
ut is not right. How can we en-
courage people to come to this coun-
try with such a practice? ,
How can we encourage the planters
to bring in immigrants suitable for
citizenship IL those rich people do not
set the example.
II am not a member of a labor
union, but it is live and let live with
me-"
Then Acting Governor Atkinson shot
OFF the epigram at the head of this ar
ticle, saying it was his definite policy
to Americanize instead OF Japanesing
this Territory.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

In Tax Collector Jas. L. Hollis suit
to enforce a tax lien against w. C.
Achi, Kapiolani Estate, German Saw
ings & Loan Society and Jas. F. Nor
gan, 1t is stipulated that the petition
er can take his appeal from Judge
Robinson to the Supreme Court with
out the filing of an appeal bond.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
TRfASUBfn'S REPORT
Of QUEENS HOSPITAL

Treasurer E. f. Bishop Of the Queens
Hospital Corporation has made his
biennial report for the two years end
ing July Is. 1905. to the officers and
members Of the corporation. The re-
port shows receipts amounting to slls,-
sss-06 which together With a balance OF
Ss6ss from the former period bring
the total up to si56,6ss.s5 The main
items OF the receipt account are iegis-
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
LET 1T BE KNOWN.

The widest possible publicity should
be given to the fact that summer diar-
rhoea in children and cholera infantum
can always be cured by the judicious
use of Chamberlain's Colo, Cholera and
Diarrhoea Remedy. 1t never fails. For
sale by all Dealers and Druggists.
Benson Smith g. Co., Ltd. Agents for
Hawaii.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

improved in appearance and convent
ence when the mechanics now invest
ing 1t have retired. New features are
northwest pine wainscoting to a suit
able height and permanent furniture
of improved model.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
BOARD TRIES TO
MAKE TRENT PAY
THE COIN TO SAM
crrom Thursdays Advertlsero


The feature yesterdays session OF the Board of Supervisors of Oahu
the
Road
This amounting
payroll the garbage department expected
individual
that could
what material the be paid
As
of
confidence the
atter's honesty
notified Chairman
Supervisors the obtained
Douhtt
correctly informed Mr. Tens refusing
the effect that the had right
back johnson
approved There slight technical
meeting this
to
Johnson for the employees the
that Mr. Tns this
getting at
of Trent the
yesterdays meeting action had decided
safe that the will be discussed today's meeting
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

Acting Governor Atkinson having
asked Bandmaster Berger to pick out
fourteen of the old band instruments
for the Kalaupapa band, the instru-
ments are being repaired and will be
sent to the Settlement as soon as the
work Is done.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

All the supervisors, excepting Arch
er. were present at yesterday after
moons meeting, which was Held in the
board rooms at p. m. Chairman
Smith opened the business session by
stating that he had received a COM
munication from the County Treasurer
announcing that he had refused to
honor a blanket warrant made pay
able to Samuel johnson for disburse-
ment to employees of the garbage de-
partment. Chairman Smith also said
that he had obtained an opinion from
the County Attorney on the matter.
The communication and opinion were
read by the clerk as follows:
TRENT'S REFUSAL.
Honolulu, August 2, 1905. I,
Mr.. George w. Smith, Chairman Board
of Supervisors, County of Oahu.
Dear Sir There has just been pre-
sented to me Warrant No. So for ST.
1894 payable out of Garbage De-
partment" to Samuel johnson.
This seems to be intended to cover
the pay of some forty men, more or
less. working in the Garbage Depart
ment. Under the law providing for the
payment of persons having claims
against the County. I do not feel that
1 have authority to pay this total sum
to Mr.. Johnson, and 1 must therefore
respectfully decline to honor this war
rant in its present shape. / am sir,
Your, obedient servant.
RICHARD H. TRENT,
County Treasurer.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

tor, 1t then becomes the duty of the
County Treasurer to honor and pay
such warrant, and IN this behalf 1t
might be added that the duty of the
County Treasurer in paying such war
rant is purely ministerial the Coun-
ty Treasurer or Auditor not having any
discretion in the premises, such power
being vested in the Board of Super
visors as hereinabove pointed out.
Therefore, it seems to me that the
County Treasurer cannot go behind the
action of the Auditor or the Board Of
Supervisors and refuse to- honor a
warrant presented to him which is In
due Form, authorized and ordered paid
by the Board of Supervisors.
Therefore, when warrant No. 63 was
ordered paid to Mr.. Johnson, the Coun-
ty Treasurer is protected when such
money is paid to Mr.. Johnson, and
the Treasurer is not authorized or ex-
pected to see to 1t that each and every
dollar embraced in the amount of the
warrant is properly paid to the per-
sons for whom the warrant is drawn
inasmuch as the warrant Is payable to
Mr.. Johnson. If these moneys should
not be properly applied by Mr. Johnson
to the persons entitled thereto. then
the remedy of SUCH persons would be
either against Mr.. johnson or the Coun-
ty of oahu for non-payment of the
amounts due them.
In conclusion, / cannot see any rea-
son why the Treasurer should with
hold the payment of this warrant to
Mr.. Johnson. have the honor to be,
Respectfully yours,s
e. A. DOUTHITT,
County Attorney, County of Oahu.
Mr.. Douthitt was present and stated
that he wrote the opinion under the
understanding gained from MIR. Biek-
nell, that the warrant in question had
been authorized by the Board of SUI
pervisors for payment to Mr.. johnson,
he TO disburse it to the Individual en-
ployes. If such was the case the
treasurer had no right to go behind the
action of the board.
After considerable discussion and ex-
animation of the papers it was dis.
covered that the board had, by mis-
take, only approved the garbage pay
roll and had not specified that 1t be
paid to Johnson. After the doctors had
diagnosed the trouble Lucas moved
that Labor Payroll No. 10 be paid to
Mr.. Samuel johnson, he to pay the
employees Adams attempted to let in
a little legal light on the powers of the
board, while Moore stated that while
the Treasurer did not intend to doubt
the integrity of Mr.. Johnson, still he
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04

ITO accommodate the firemen, who
can only leave their stations two at a
time. we kept open our office until after
6 o'clock. and didn't close until we were
advised that there were no more to be
paid.
II regretted the incident of the blank
ct warrant for the Garbage Depart
'ment, because know the men need the
money. and am anxious that they
should receive every cent that is COM
ing to them, and at the, ealiest posi-
BILE moment Late this afternoon Of
fered Chairman Smith the services of
my whole force, four of us, in making
up Individual warrants for the men,
In order to expedite the business. We
are willing to work night as well as
day in good cause
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
CITIZEN LABOR POLICY
APPLIED TO HOME SITES

. 80 X X X ~ X * X X X X X 30 Z
. 1T is my definite policy to Z
X Americanize this Territory, in \
X stead of having it Japanesed." y
X ACTING GOVERNOR AT \
. KINSON.
.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
COUNTY COIN
ON THE co

County Treasurer Trent put more
than twelve thousand dollars into cir
culation yesterday. 1t is money that
will move fast at the outset. too. as
the salaries and wages are. In most
cases. of size that does not leave much
for boarding or sailing down in specu-
lation after ''the butcher and baker and
candlestick maker" as the ancient saw
runs have been paid by the workers in
county services. To an inquisitive re-
porter last night Mr.. Trent gave the
following account of his days work:
This has been a very busy day I'm
the County Treasurer's office. We paid
1856 warrants. aggregating 81. 2o4so The
warrants came from departments as
follows:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-04
GAY ESTATE
DOES WELL

II. Focke and Cecil Brown. trustees
of the will OF James Gay. deceased. in
their report for the period from July
i. 1904. to June 80. 1905, say:
'"The credit balance carried forward
from last year was s22s.e5. The total
gross income of the estate for the year
has been s14,47Os5. and realized from
the following sources:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-08
FIRE RECORD FOR OCTOBER.
Report of Chief Belt Submitted to Com
misSionerS

The monthly report of Chief Engineer
Belt of the fire department, which was
submitted to the Commissioners today.
shows that seventy-five alarms of fire were
received by his department during October.
OF this lumber, ffty-six were bell
alarms and of the fifty-six, nine were
false. The forty-seven fires occasioned an
estimated loss of s. .925 The total fire loss
during the month was only a little more
than per cent of the total insurance.
Only one casualty from fire occurred dur
ing the month Susannah Burr being burned
TO death on October 10. Chief Belt stated
that fire extinguishers had been installed
at the most advantageous points in the
Dennison, Sumner. Magruder and Barrett
schools.
In Fire Marshal Nicholson's report, which
accompanied that of the chief, 1t was stated
that over two thousand inspections of mer-
camille houses had been made during the
month. SCOT in chimneys. he said, is
growing evil that causes the department to
respond to many alarms. The fire marshal
suggests an amendment to the police reg
ulations making 1t compulsory for all CHM
neys to be cleaned before the onset of win
ter.
Seventeen men in the fire department
were off duty for one more days during
October on account of illness.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-08
FIRE IN SAN FRANCISCO.
Chronicle Building Badly Damaged
Blaze Started by Election Bombs.

SAN FRANCISCO, November S-Shortiy
before midnight last night fire started in
the big clock tower of the Chronicle build
ing, as result of the firing of bombs to
announce the election results. and the flames
spread with such rapidity that the entire
fire apparatus of the city was summoned to
the scene. Owing to the great height Of the
flames, 1t was impossible to reach them,
even with the combined forces Of the water
towers and the familiar superstructure of
the building was speedily reduced to de-
bris. which toppled in blazing sections to
down to the roof and a considerable portion
of that part of the building was burned
before the weak water supply succeeded in
quenching it. In the tower was located the
Photographic department, and below 1t,
on the tap floor, was the composing
linotype machines. To what extent
these were damaged is not known. 1t is
believed that the library, the most valuable
of its kind in the west, has been practi-
cally destroyed. The editorial rooms and
many business offices on the lower floors
upper part of the structure.
The fire came in the midst of the final
preparations for the issue of the election
edition and the courtesy of the use of the
Examiners plant was Immediately offered
to the Chronicle. The offer was accepted
on the presses of its contemporary, it's own
press rooms being flooded by the volume
of water that poured down the elevator
shafts. 1t is impossible to estimate the
financial loss yet. Several members of the
art staff who attempted to save some of
escape and had difficulty In getting to
place of safety.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-08
CoMPLIMENTED OFFICIALS.
Chicago Y. P. G. T. u. Commended
Efforts for Better Morals

CHICAGO, November S.-Mayor Dunno
was compimented and Chief of Police Col
Inns praised for their efforts to better the
moral condition of Chicago at a meeting
II the Young Peoples Christian Temper
lnce trion at which Rev. w. A. Bartlett
pastor Of the First Congregational Church,
vas the principal speaker. last night
DR.. Bartlett has been denouncing both
officials, He has called upon the mayor
20 close the saloons on Sunday. He has
blamed him for not doing so. He had Just
nished an address in which he repeated his
charges. He had even read a resolution
calling upon the mayor to perform his
sworn duty and close the saloons on Sun
day Then the unexpected happened. Rev
W. II, Head. pastor of the Asbury Park
Methodist Church. arose and moved that
the mayor and the chief of police be praised
for what they had. done. He offered an
amendment TO the resolution offered by DR.
Bartlett. And before the men and women
~ The meeting mad considered it it was
unanimously adopted.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-08
PAID NATION A COMPLIMENT.
Auspicious Address of Mexican Am
bassador at st. Louis Banquet,

ST. LOUIS, November S.-As the guest OF
honor at the banquet given last night at
the Planters Hotel by the Spanish-Ameri-
can Club of st. Louis Senior Joaquin de Ca
sasus recently appointed ambassador from
Mexico to the United States. took occasion
to pay a marked compliment to the nation
to which he comes as President Diaz's rep
resentative.
He said: You have become a great ma
ton. SO organized that men of all races and
nationalities can be free citizens. Your or
ganizations have become a vast factor for
all lIberiy-loving countries. You-have be-
come indispensable factor In universal
life. 1t Is the growth OF your resources
that feed. all the countries of the civilized
world. II is your petroleum that brighters
the wick of life. 1t Is gold extracted from
your mines that gives power. You have
lent kind hand to all human snnerings.
With the sewing machine you have aided
civilization. With your telegraph and your
telephone you have made short all distances.
With your Edison lamp you have made the
night to disappear.
ALLOW me to present to you my hearty
congratulations for all that you have done
and to congratulate you, the American peo-
pie. the cerator OF all these honors. and b.
speak again my friendship"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-08
OUTBREAK AT MACORIS
NEWS OF AN UPRISING IN SANTO
DOMINGO.

News of an uprising in Santo Domingo,
the first in many months, or, indeed. since
Morales installed American customs COL
lectors at the island ports. came to the
State Department last night from one of its
representatives in Santo Domingo. There
was lack of details. the statement being
merely that an uprising directed against
the administration of Presde Morales had
occurred at Macoris.
The news was Immediately communicated
to the Navy Department and an order was
dispatched by cable to Rear Admiral Brad
ford, who Is Just now at Guantanamo.
Cuba. to send warship at once to the
scene of trouble. It was. of course, ex-
pected that the admiral would in turn
cable the necessary instructions to the
most available and suitable ships of his
Caribbean squadron. No less than six OF
the ships are now in Dominican waters, the
disposition being as follows: The Cleve-
land at Sanchez; Des Moines, Yankee and
Nashville at Monte Christi; Newport at
Puerto Plata, and Scorpion at Santo Do
mingo city. Some of the ships are conse-
quently IN position to make the run to Ma
coris within half a day.
Unoff1cial advices had reached this city
before this news came to the effect that
there was danger of an uprising In the
island. but the Goth instant was the date
fixed for the attack on the Morales forces.
and 1t was thought that there was ample
time to prepare to repel 1t. Moreover. the
point Of danger was supposed to be Monte
Christi. on the north side Of the island. al
most directly opposite Macoris
Nothing is known definitely as to the
cause Of the present outbreak, but 1t Is
said here that the leaders were financed
from New York. with purpose of stirring
up strife just In season to adversely infiu-
ence action In the United States Senate on
the Santo DOMINICAN treaty.
1t is further said that the activities of the
United States warships at present will prob
ably be confined to the protection Of the
American interests, and there will be no
attempt to interfere between parties unless
these are threatened or anarchy prevails.