The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-16

mendation of such committee or COM
mittees, and sums found to be law /
fully due and payable NAV then be
voted upon singly or collectively as
convenient. on call of the aves and
noes In the event of any such com
mIttee failing to SO pass upon any such
matters, or To make any recommended
tion in regard thereto, the board may
thereupon act
''The foregoing provisions, I consid-
er loose, vague and illegal. Under
them the Auditor is not only author
lied, but positively directed. to draw
warrants on the Treasury for the whole
or any part of the entire appropria-
tion of two hundred and sixty-one
thousand two hundred and seventy dol
lars when
First, someone {who. the resolution
fails to state) shall have fled with
the Auditor schedules Of salaries. do
nations, payrolls and accounts for ma
terial and supplies (for what period
and upon what limitations the resolu-
tion absolutely fails to stated; and
''Second, when said schedules are
accompanied by original vouchers; and
Third, are certified by the Clerk as
having been duly passed by the Board
of Supervisors at any regular meeting
or any special meeting called for the
purpose of considering expenditures. In
other words. the Auditor is bound
practically by this resolution TO issue
warrants whenever confronted with
certificate of the City and County
Clerk that the claims represented by
such warrants have been duly passed
by the Board of Supervisors, at any
regular meeting or any special meet
ing called for the purpose of consider
ing expenditures, disregarding the
right and duty cast upon the Auditor
to decide for himself whether war
rant can lawfully issue or not upon all
the facts involved. 1t seems to me
that the Auditor can not be shorn of
his powers ana duties in this way,
even if | were to approve the resolu-
ton. The Municipal Act expressly
provides when the Auditor shall issue
warrants, and casts upon him the obi
CATION to determine for himself the
legality of the claims and demands
covered by such warrants. Section 81
of the Municipal Act provides:
g The Auditor shall issue warrants
on the City and County Treasurer in
favor of persons entitled thereto in
payment of claims and demands charge
able against the city and county, which
have been legally examined, allowed
and ordered paid by the Board of Su
pervisors.
''This provision is in direct conflict
with the provision in the resolution re
ba "a 4 &c
upon the mere certificate of the Clerk.
whether in fact correct or not, that the
claim covered by the warrant has been
duly passed by the Board of Super
visors The Auditor can only issue
warrants in favor of persons entitled
thereto, and, under the law, he issues
warrants at his peril to persons who
are not entitled thereto, even though
issued in good faith, and neither the
Board of Supervisors nor any clerk can
| relieve the Auditor from the RESPONSE
biIity directly and expressly imposed
upon him by law And it seems to me
that any resolution apprdpriating money
| should either contain the express pro-
vision of Section 81, controlling the IS
| suing of warrants, or, at least, should
| not contain any provision in derogation
of that provision of law.
81 further object to the lack of de-
tail in the items of expenditure provid-
ed for under the resolution in question.
| am privileged, under the Municipal
Act, to veto certain items and approve
others; this resolution has been drawn
SO as practically to lump all salaries in
one item under each department head,
thus preventing ME from exercising the
| right specifically conferred upon me by
the Municipal Act of approving certain
items of an appropriation and dlsap-
| proving others. .(See Section Is,
Chapter ~ The salaries should be
separately stated and otherwise the
items Of general expense should be fair
/ Iy segregated and identified, so as to
allow me to act inteIligentiy in carry
ing out the duty which the law imposes
upon me. to consider not merely the ap-
preparation as a whole, but to consider
the same item by item and upon the
merits and dement's of each individual
item.
9 The second provision of the resolu
tion in question above quoted, govern
| ing the withdrawal of money from the
| treasury under this resolution. is equal
| Iy Objectionable. If | read the proYis-
ion in question Alright, it arranges that
the salary lists and other items of ex-
penditure in the first instance be pre-
sented to committees of the Board of
Supervisors, evidently with the power
to recommend approval or disapproval;
| these committees are to report the
| claims back to the Board Of Super
visors, whereupon the Board, at large,
| votes whether or not TO pay the same,
| on a call of ayes and noes. The fore
| going provision seems to assume and
provide for a program whereby almost
unlimited obligations can be created
and thereafter paid without allowing
either the Mayor or Auditor any voice
whatsoever therein from start to finish
| The Municipal Act expressly provides,
in Chapter 4. Section II, that every
| bill or resolution involving the expen-