The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-09-22
MANDAMlJS SUIT AGAINST
COUNTY TREASURER TRENT
To Compel Him TO Pay Warrant for Labor
Drawn Against Road Tax Special Deposit
--.Exhbits OF Authorization.

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.
1.-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. K. Kekaula, relator for the Terri
tory, makes statements to the following
effect:
1. That the respondent is the Treas
urer of the County of Oahu.
2. That E. r. Adams, J. Lucas and
Geo. w. Smith are Supervisors of the
County of Oahu, Mr.. Smith being also
chairman of the Board.
3. That E. r. Adams and J. Lucas
are the committee on roads, bridges
and parks throughout the County OF
Oahu, and that it is their duty as
such ito examine into, approve or re-
iect any and all claims for labor per-
formed by various persons on the pub
lie highways and roads throughout the
County of Oahu, for and on behalf of
said county"
4. That D. Kalauokalani, Jr.. is
County Clerk of the County of Oahu
and clerk to its Board of Supervisors.
5. That James Bicknell is Auditor
of the County of Oahu.
6. That at all the times mentioned
c. NJ. White was the acting Road Su-
pervisor of the County of Oahu and
as such did, during the month of
September, A. D. 1905, engage, employ
and hire your petitioner to work upon
the public roads. streets and highways
in Honolulu, County of Oahu, Terri
tory of Hawaii, at a daily wage of
$3.50 for each and every days work
and labor performed by petitioner on
said public highways and roads afore-
said, for and on behalf of the Coun-
ty of Oahu, Territory of Hawaii
T. That on the 18th. 8th, 9th. 18th.
18th. 18th. 14th and 18th days of Sep
TENDER the petitioner, under engage
ment of C. NJ. White. did certain work
on Queen street, for which he was to
receive from said County of Oahu $3.50
per day.
s. That on the 18th of September the
petitioner presented his demand upon
the Treasury of the County of Oahu
for the sum of twenty dollars, being
for said labor and being labor payroll
demand No. 1899.
9. That on the 18th day of Septem-
ba lny, Sc -
said twenty dollars was. by said E. r.
and said J. Lucas duly ex-
amined, approved reported on and
for payment
10. That upon such report and rec
concentration the said demand was
duly and regularly allowed by the
Board Of Supervisors. and ordered paid
out of the road tax special deposit
II. That on the 9Th day of Septem-
Der the Board of Supervisors duly and
regularly appropriated the sum of $3.50.
payable out of the road tax special
deposit, to be expended on Queen
street. and the petitioner further ayers
that the respondent CTrenD was duly
notified of such appropriation and that
the labor done by the petitioner was
done in pursuance of such appropria-
ton.
u. That on the Goth day of Septem-
Der a true copy of the report of the
as above mentioned, show
ing that labor demand No. 1899, being
warrant No. 80, had been approved,
etc, and that the work so performed
by the petitioner was done on a pub
lie street or highway, was delivered
to the respondent, r. II. Trent, by one
w. J. Buffandeau, clerk in the office of
the County Clerk.
10. That, in pursuance of said ac-
ton of the Board of Supervisors, said
James Bicknell did, on the Goth day
of September deliver to the petitioner
his warrant, No. 80, for said twenty
dollars, drawn upon the Treasury of
the County of Oahu and payable to
the petitioner.
II. THAT on said Goth day of Sep
TENDER, A. d. 1905, your petitioner
presented for payment his said war
rant for said sum of twenty and 00-100
dollrs $4,000 aforesaid, to Richard H.
Trent. Treasurer as aforesaid, but to
pay the same or any portion thereof
said respondent failed, neglected and
although at the time said war
rant was presented by petitioner as
aforesaid, said Richard H. Trent,
Treasurer as aforesaid, then and there
had ample and sufficient funds in his
hands as such Treasurer, belonging to
the County of Oahu, with which to
meet and pay the same
Finally, the petitioner alleges that
by reason of the facts, "he has no
plain, speedy and adequate remedy at
law, and therefore brings this proceed
ing in order that the matters and
things hereinabove referred to may be
speedily adjusted, and that full JUS
tice may be done in the premises
Then comes the prayer as above re-
lated.
INDICATIONS OF RHEUMATISM.