The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-12-09

Court, was served on me, enioinng the
payment of the warrant, and COM
handing me to appear and answer on
a date fixed / Immediately referred
the matter to the County Attorney;
who neither agreed nor refused to re-
present me in the case until the eve of
the date set for the hearing, and decree
would have issued against the Treas
urer by default If had not personally
appeared and secured a continuance.
Under date of September IA, 1 re-
ceived from the County Attorney a long
communication, the kernel Of which
quote briefly as follows:
$50 far as l am concerned 1 can see
absolutely no difference as a matter of
law between the payment of the An
drew Adams warrant and the Samuel
johnson warrant (the subject of the
opinion -hereinbefore quoted). d"
have never advised you to pay this
Andrew Adams warrant.
g" 1 would advise you as
County Attorney not to pay the same.
However, should your private counsel
advise you that it should be paid and
you desire to act upon his advice, I
would suggest that you employ him to
defend the McClanahan Injunction pro-
ceedings."
I was quite willing to make use of
this suggestion voluntarily offered by
the County Attorney, but thought it
due the Supervisors that the matter
should first be referred to them. Ac-
cordingly under date of September IS,
1 addressed a letter to the Board set
ting forth the situation quite in detail,
and asking for the engagement of spe-
cial counsel to defend the Boards po-
sition in the matter. From newspaper
reports 1 learned that this letter was,
read at a meeting held on the same
evening, and ordered placed on file"
the usual humble fate of communica-
tions from the Treasurer.
Hearing of no objection on the part
of the Board Of Supervisors to the en-
ployment of special counsel, and my
letter of September 18th being still
unanswered, and such course having
been suggested by the County Attor-
ney, engaged Judge Whiting to fight
the injunction.
Notwithstanding an adverse ruling
in the lower court, the court of last re-
sort declared the Andrew Adams war;
rant a proper one, and upheld the
Treasurer in his opinion and conten-
ton that the same should be paid.
Costs were assessed to the complainant
so that the County was put to no ex-
pense on that score And nothing is
asked but that Judge Whiting be al
lowed a reasonable fee for his palms.
taking and successful services in the
premises.
The contention that the same con-
clusion might have been reached with
out expense through the medium of an
agreed state of facts and friendly sub
mission to the Supreme Court is prob
ably based on the idea that counsel
competent to represent the opposing
side in such a case would be willing to
serve without fee. The suggestion that
the legal department or the county
might represent both sides in such an
arrangement, while not inconsistent
with the written opinion of this de-
partment on the subject of blanket"
warrants, might nevertheless seem I'M
desirable for other reasons.
1 will thank you to kindly present
TINS communication to the Board of
Supervisors at your first opportunity,
and if those honorable gentlemen still
feel that the Individual who occu-
pies the Treasurer's office is a person
who must be dealt with differently
from the county officers who happen to
wear political clothes of a different cut,
then so let it be.
Yours very truly,
RICHARD H. TRENT,
County Treasurer
Oddly enough no member of the
Board seemed particularly upset over
the reproof which the Treasurer de-
livered. County Attorney Douthitt
even smiled.
1.-THE letter is very discourteous,"
said Chairman G. w. Smith. "The
Board has never done anything to
occasion such language from the Trea-
surer."
Supervisor Moore suggested the re-
ference to the letter to the committee
on Public Expenditure and the sugges-
ton was also made that it be sent back
to him. The further proposition that
H. Il