The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-09-19

tendent was responsible for the irregu-
Inrity. He gave credit to johnson for
advised the Board that the
Department could be run for
much less than $4,000.
The report was adopted, Lucas.
Adams and Smith voting against it.
"An unjust report" growled Lucas.
The chairman demurred to this re-
mark with a pencil.
The following communication from
Treasurer Trent was read:
At your meeting on the 9Th inst.
there was passed for payment Salary
Demand No. 1880, drawn In favor OF
Andrew Adams. ESQ.,, for the sum OF
$l4l.00.
In due course this demand was IS
sued by the County Auditor as a war;
rant on the County Treasury for the
said sum of sl41.oo,, payable to the
said Andrew Adams, Esq.
At the time Of the presentation of
this warrant to the County Treasurer
for payment there were sufficient funds
in hand for the payment of the same,
but the Treasurer was estopped from
paying out the said sum to the said
payee by a writ OF injunction issued
out of the First Circuit Court.
This writ Of injunction, to which an
swer was required to be made on Fri
day morning, the 18th inst, was
promptly referred to the County At
torney, with a written request for legal
advice.
ahI eel
particularly the contents of this writ,
and the grounds therein set forth for
the issuance OF the injunction, for the
reason that the copy served on me has
been kept and retained by the Coun-
ty Attorney and not returned to me.
When the case was called at the hour
set therefor, /. e., at 9 o'clock on the
18th inst, the County Attorney was
not present, he having omitted, failed
and neglected to appear and answer
for the County Treasurer in the said
case, although having been duly re-
quested thereto.
Finding himself unrepresented by
counsel, the Treasurer sought and OBJ
tanned a postponement of the hearing
to Wednesday morning, September 20,
in order that the Board of Supervisors
might be fully epprised of the situa-
ton and opportunity had for the en-
gaging of competent counsel to defend
the payment of the said above-named
warrant, issued at your order by the
County Auditor.
Section SO Of the County Act au-
thorize the Board of Supervisors to
engage special counsel when in their
opinion such action may seem to be
desirable or REQUIRED
Inasmuch as this case presents a fair
test of the legality of blanket warrants,
so-called, and it is the avowed purpose
of the Board of Supervisors to have
the matter settled in the courts, it
appears to me to be quite important
that this suit for injunction to restrain
the County Treasurer from paying one
of such warrants should be fought
vigorously and to the last limit
/ therefore pray for the engagement
by the Board of Supervisors of special
counsel to represent the Treasurer in
opposing the suit for injunction here
inbefore mentioned.
Deputy County Attorney Milverton,
In reply, said that the County Attor-
ney's Office did not think the Andrew
Adams warrant (s14D presented fair
case, not being backed by resolution Of
the Board.
There was a resolution back of the
F'razee test case warrant. Milverton
said that the Board had passed a reso-
luton prohibiting the blanket warrants.
He stated that the County Attorneys
Office had advised Trent not to pay the
Andrew Adams warrant, as it would
not be good test case. 1t was neces-
sary that absolute confidence exist be-
tween the attorney and client. This did
not seem to be the case in this matter.
"If any county officer acted contrary
TO the advice of the county attorney"
said Milverton, "the county attorney
was not obliged to appear to defend
that officer. We did not want to pre-
sent the Andrew Adams warrant mat
ter, for we would be placed in false
position. Mr.. Trent's attorneys seem to
be on both sides of the fence. 1t would
seem to be a scheme to get the county
attorney to defend something without
merit"
The following communication from
Treasurer Trent was read:
Under date of August 80 addressed
to the Board of Supervisors a COM
munication calling attention to the
fact that warrants were being drawn
upon appropriations of the making OF
which the Treasurer had received nj
advice
To avoid confusion, these warrants
being in regular form, were paid as
presented, the Treasurer not doubling
but that the Supervisors would appro.
pirate the necessary sums to cover the
same Immediately their attention
should be called to the apparent over.
sight in the first instance.
beg now to specifically call your
attention to the following accounts in
which debts appear in the Treasures
books as indicated, and for which nc
appropriations have apparently YET
been made: iN
Attorneys Deputy, Salary, Au-
gust. s.........s....... .Sllo.Ot
Attorneys Stenographer, Salary,
4 July and August ............... 10000
Attorneys Clerk, Salary, July and