The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-09-19


son may have been careless he wasn't,
in his opinion. inconre
Moore fred up and declared his inten-
ton of abiding by his report.
Johnson made a fiuttered statement
of defence and said that when Moore
had spoken to him on the matter, he
had outlined a very different report
from that turned in.
Moore heatediy objected to what he
was pleased to term Johnson's person
al attack.
/ I'm perfectly willing to have half a
dozen committees investigate the whole
business" said Johnson, Moore prom
ised to bring out certain things in way
of explanation which he failed to do"
Moore held that Johnson, as superin-
tendent, was responsible for the irregu-
larity. He gave credit to Johnson for
having advised the Board that the
Garbage Department could be run for
much less than $4,000.
The report was adopted, Lucas,
Adams and Smith voting against it.
| IAN 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
$141.00.
! 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 s141,O0. 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 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
L am not now able TO tell you more
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, i. 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 Treas0rer sought and OBJ
tanned postponement of the hearing
to Wednesday morning, September 20,
in order that the Board OF Supervisors
might be fully apprised 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 off the County Act au-
thorizes 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 t, me to be quite important
that this ST.. for injunction to restrain
the County Treasurer from paying one
of such warrants should be fought /
vigorously and to the last limit
1 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 Cs14D presented a fair
case, not being backed by resolution of |
the Board.
There was a resolution back of the
Frazee 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 a good test case. 1t was neces-
sary that absolute confidence exist be-
tween the attorney and client This did
|
IF any county officer acted contrary
TO the advice of the county attorney"
said MiIverton, "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 a false
position. Mr.. Trent's attorneys seem to
be on both sides of the fence. 1t would
seem to be scheme to get the county
attorney to defend something without
merit
The following communication from
Treasurer Trent was read:
. L