Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-09-19

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 fair
test of the legality Of blanket war;
rants. so-called, and II Is the avowed
purpose OF the Board Of Supervisors 10
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.
Milverton on Tests.
Milverton went over the history OF
the originally prepared test case in the
matter of the blanket warrant business.
The County Attorneys Office did not
think the Andrew Adams warrant
(s1iD presented a fair case. not being
backed by resolution OF the Board:
there was resolution back OF the
| FraZee test case warrant. Milverton
said, as a matter OF fact, the Board had
passed resolution prohibiting the
blanket warrants (this was exclusively
reported in the Bulletin recently.
! Milverton said the County Attorneys
Office had advised Trent not to pay the
Andrew Adams warrant, as It would
sary that the utmost confidence exist
between the attorney and client; there
did not seem to be the greatest con.
fidence in this matter.
"If any County officer acted contrary
to the advice of the County Attorney"
Milverton sad. the County Attorney
was not Obliged to defend that officer.
; We did not want to present the An
drew Adams warrant matter, for we
: would be placed In a false position.
Mr.. Trent's attorneys seem TO be on
both sides OF the fence. II seems to be
scheme to get the County Attorney
in to defend something without merit"
Attorneys ineidentals.
The following opinion Of Deputy
County Attorney Mlverton, sent to
Treasurer Trent, was read:
Replying to your favor of the 10Th
inst, wherein you ask the opinion OF
this Office as to whether or not you
l should pay Auditors warrant No. 1875,
: issued on September Sth TO Il. A. Dou-
thitt, County Attorney, would advise
= you as follows:
S The objections you seem to have to
the warrant are two-fold: first, that II
does not specify the liability for which
It is drawn; second, that 1t does no,
= state when such liability accrued.
In my opinion, the statement on the
!. face of the warrant that II Is for Incl.
y dentals of the County Attorney is q
{ sufficient statement of the liability fol
I which It Is drawn. AS you are per-
haps aware, the Board OF Supervisors
: authorized, on Sept. 6, 1905. the pay
= ment OF this warrant, the warrant be,
0 ing issued for the purpose Of putting
o the County Attorneys department in q
position to promptly pay such incl
I dental expenses as would necessarily
r have to be incurred by him In tbs
8 proper conduct Of his office.
}, The time OF the accrual of the liabii'
n ity, In my opinion, would not be the
4 time or times when disbursements
4 might actually be made by the County
Attorney, but would be the time when
: the County Attorney called to the at
: tention of the Board OF Supervisors the
s necessity OF such an appropriation, and
: requested that the same be made. and
l the Board OF Supervisors, recognizing
such necessity, ordered the warrant Is
Q sued and paid. That date at least
!, would fix the time of the acCrual of the
+ liability so far as the County of OAHU
o Is concerned.
8 Unless you have any other objection
: to this warrant, would advise you u
pay the same.
r May Mandamus Trent,
e Deputy County Attorney Milvertor
S was asked by the Chair what the pres
4 ent status Of the blanket warrant test
r case was. Milyerton replied that i
d Trent, the treasurer, and his attor
i Eeys, would not agree to a test OF
agreed facts, the County Attorneys Of
y flee would institute mandamus proceed
= ings.
e To Enjoin Holloway,
J, The County Attorney was instructed
q by the Board to bring Injunction pro