The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-03-23
ATTORNEY DOUTHITT
MAKES ANSWER
HE REPLIES TO THE PETITION
FOR MANDAMUS IN THE KA-
PIOLANI PARK TEST CASE.

PIOLANI PARK TEST CASE
County Attorney Douthtt has made
the following answer to the petition
for mandamus i'm the Kapiolani Park
test case:
Respondent denies that the petitioner
the Pacific oil Transportation Com
pany, a Corporation, is now or ever
was the legal owner of "a certain or
any claim or demand in the sum of
three hundred twenty-five dollars or i'm
any sum, chargedble against or pay
able by the County of oahu, for two
hundred forty barrels or any barrels
| of crude petroleum oil, or for any
other materials or supplies, or at all.
! Respondent further denies that said
| two hundred forty barrels Of crude Pc
troleum oil or any other barrels or any
other materials or supplies WERE in the
month of February, a. d. 1906, or at
/ any other time or at all, furnished or
supplied by petitioner herein to or on
behalf of the County of oahu, or by
/ anyone i'm it's behalf to the County of
Oahu at the special instance and re-
quest or special instance or request or
at all of said County of Oahu
/ Respondent denies that said claim or
/ demand of said petitioner her. in, or
any claim or demand of said petitioner
was ever legally examined or allowed
or ordered paid by the Board of Sup
eryisors of thl County of Oahu on the
9Th day of March, A. D. 1906, or mt any
other time or at all And in this be-
half, respondent further alleges, AYERS
and shows that the pretended claim or
demand of petitioner herein is not
now and never was legally chargeable
against the County of oahu or enforc-
ible as such against said county, and
said Pacific Oil Transportation Com
pany has not now and never has had
any legal claim against the County OF
oahu for such materials or supplies, or
for any materials or supplies, or for
said sum of Three Hundred twenty
dollars or for any sum; and that the
purported resolution of the Board of
Supervisors of the County of oahu on
the 9Th day of March, \. d. 1906 pur-
porting to authorize and direct res
pOndent to draw a warrant upon the
Treasury of the County of oahu for
the sum of three hundred twenty-five
dollars in favor of and payable to Ere
derrick c. Miller on behalf of petitioner
herein, was and stil is null and void,
for that the said pretended order or
resolution of said Board of Supervisors
so made as aforesaid, was on said date
and at any other time and stin is be-
You'd the power and scope of said
Board of Supervisors and was and
stil is ultra wires.
Further answering this T spondent
alleges, AYERS and shows that said pre-
tended claim upon said County of oahu
so made by petitioner herein as afore-
said for said sum of three hundred
twenty-five dollars was for materials
ordered by, and furnished, supplied
and delivered to the Honolulu Park
Commission. at the special instance
and request of said Park Commission,
and over said Commission, or any mem
Der Their of, neither the County of
Oahu nor the Board of Supervisors
thereof, has, or ever had, any control,
management or direction whatsoever.
Further answering this respondent
alleges, AYERS and shows that said ma
terials and supplies set forth in the
furnished and supplied by said petit
toner to the County of Oahu, or on
behalf of the county of Oahu, or on
behalf of the County of oahu, but, on
the contrary, said materials and sup
plies set forth In the petition of petit
toner herein were furnished and sup
piled to the said Honolulu Park Com
mission at the special instance and
request Of said commission, for the
benefit and for the use of a certain
park known and designated at Kapio-
lani Park in Honolulu, Island of oahu,
Territory of Hawaii over which
neither the County of oahu nor the
Board of Supervisors thereof has or
ever had, any possession, control, man
agement or direction whatsoever, for
that the said park and the custody,
. possession, control and management
/ thereof were and are vested in Board
. Of Trustees as prescribed by law, over
which or whom, or any of them neither
the County of Oahu nor the Board Of
Supervisors of said County has, or
ever had or ever exc rcised, any con-
troll, management or direction whatso-
ever.
And i'm this behalf, respondent fur
Their alleges that the said Kapiolani
Park was, at all the times herein men
toned and still is, a Territorial park
in the sole and exclusive possession,
control, management and direction OF
a Board of Trustees appointed by the
Governor of the Territory of Hawaii,
known and designated as the Honolulu
Park Commission, for the benefit of
which neither the County of Oahu nor
the Supervisors thereof has, or ever
had, any legal right, power or au-
thority to make an appropriation or ap-
preparations of public moneys.
/ ay,rrr.r ~ = $500.