The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-09-22
SUIT AGAINST
COUNTY TREASURER TRENT

A mandamus suit will be brought
against Richard H. Trent. as Treas
urer of the County of Oahu, In the SUI
preme Court this morning. by the Ter
ritory of Hawaii on the relation OF j.
X. Kekaula. petitioner. who prays that
an alternative writ of mandamus issue
out Of that honorable court addressed
to Trent. directing him to pay war
rant for $40 to petitioner, OF show cause
to the contrary, at a time to be fixed
by the court in the writ. f. A. Dou-
thitt and Fred. w. Milverton counter
sign the petition as attorneys for petit
toner. without giving their respective
Office titles of County Attorney and
Deputy County Attorney.
Exhibits are attached to. the petition
in proof Of its allegations that the war
rant is to pay the petitioner, Kekaula,
for eight days worked by him on the
roads OF the County OF Oahu at the
rate OF $3.50 a day; that the demand
of Kekaula for such payment had been
examined and approved by the COM
mittee on roads, bridges, parks. ETC..
and allowed respectively by the Board
OF Supervisors and the County Auditor
as payable out of road tax special
deposit. Also, there is an exhibit in
The form of a resolution passed unani-
mously by the Board of Supervisors on
Sept. s. appropriating from road tax
special deposit, District of Honolulu,
the sum of 1880, for the month of
September. for Queen street, together
with a report to the Board of Super
visors from it's committee on roads,
bridges. parks. etc. signed by E. R.
Adams and ]. Lucas, submitting 100
salary demands. road tax special de-
post. for work done on Queen street.
Honolulu district, No. 1899 to No. 1907
inclusive, which total $771," and ap-
proving such demands in these words:
",The same having been certified to by
G. NJ. White. acting road supervisor.
that the services have been faithfully
performed. we hereby approve same
and recommend their payment"
OCCASION OF SUIT. =.
This mandamus suit is brought
against County Treasurer Trent, be-
cause Of his refusal to pay warrants
for labor done on Queen street this
month, without an official affidavit be-
ing made that the warrants are for road
work. On Wednesday he wrote to
Auditor Bicknell, stating that he would
require such an affidavit-either from
Sam johnson, road supervisor. or a
member of the committee on roads,
etc.,-before he would pay any of the
1903 salary warrants aggregating $771
for Queen street work performed the
present month. The Treasurer bases
the stand he takes upon the following
section of the County Act:
THE road taxes as at present laid
down by law shall be a special deposit
in the Territorial Treasury to the cred
1t of each road district, and shall, by
the Territorial Treasurer, be paid out
to the County Treasurers of the coun-
ties respectively within which the va
rious road districts shall be. And the
said road taxes shall be expended only
for the making, maintaining and re-
pairing of public roads and highways
in the several road districts as author
lied by the Supervisors Of the county
from time to time.
"The County Treasurer shall under
no circumstances allow these special
deposits or any part thereof to be used
for any other purposes under appro-
priations by the Board of Supervisors
except for the making, maintaining
and repairing of the public roads and
highways as aforesaid"
SUMMARY OF PETITION.
J, X. Kekaula relator for the Terri
tory, makes statements to the following