Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-04-20

tiers upon which they have the right
70 adjudicate and the right 10 use a
discretion
@In this class Of cases. the courts
are slow IN issuing injunctions. but In
a case where the officers paying out
the money have no discretion what
ever, where the threatened payment is
absolutely In contrayentfon Of the law.
and woaid be no more authorized by.
the language OF the act than the buy
ing Of s6.inch guns for our Territorial
Navy, courts do not temportze IN the
matter
Blocking Contemplated Action.
AS to the argument OF the defense
that the bringing Of the cases was
premature, and that threats alone win
not histify the granting OF an injunc.
ton, the judge recalled that the actual
payment Of the money would have re-
quired only short time after the par
ties began TO act.
He declared that the making out
and fling Of claim was a very dis
finct step in the Wrongful act, as was
also the consideration OF such claims
BY officers, the declaration by officers
that they would allow and pay the
claims.
Not contsndsd AZ Legal.
1T is not seriously contended by
The defendants Judge Stuart con-
tinued, that such contemplated action
Is legal. AS regards the acts OF the
governor, the attorney general refused
to Justify them IN any respect, or TO
argue the demurrer.
AS regards the other expenditures
of money, no citation Of any authority
has been made that would Justify It
IF Mr.. Forbes has the right to trav-
Ell on Che mainland at public expense,
so does every other member of the
board that he belongs to have the
same right He and the other mem
bers cannot make any contract that
would bind the board when they are
thus acting separately. And when
they would get through their travels,
then they would all have to so togeth-
or TO make contract. even II they
could make q contract ontside Of the
territory.
.dr. FORBES has no right 70 con-
tract With himself as q member Of
either Of these boards. where travel
ing Is spoken Of as for instance.
where agents must be sent to the
mainland, take It that 1t means the
agents and engineers that the board
Is entitled to employ outside of its
own membership. To adopt > differ,
ent construction would establish q,
leakage Of public funds that would be
ruinous."
Ne Judge regretted that Attorney
General Stainback had not seen At to
bring the acti&6s into court, but since
he had not dO.e 80. having instead.
defended the territorial oflieials in the
case. stated that be believed the mat
ter would never have been brought.
save BY Judge Wilder or some other.
Il think that Mr. wilder Is entitled.
to much credit for taking upon hini-..
self the burden Of defending the pub
lie treasury, he said.
Slowly and carefully Judge Stuart,
read IS be cited hts last supreme,
court decision:
I'VE trust that the time win never
come IN Hawaii when taxpayers shall
not care to seek by appropriate pro
o6edi1gs IN court 10 avert unlawful,
use Of public uloney IN connection
with an unc0hsti tutiQnsl statute. =
Refers to Poverty u sCotrtsb
In concluding his decision Judge
Stuart referred 10 the fact that men
are now being held IN prison awaiting
trials long overdue, because OF the
poverty Of the courts.
Vt seems proper he said, aas we
are considering the '0bjections 81 The
attorney general, and the contingent
fund appropriation of $50, 900 con-
trbiIed BY the governor for urgent
needs for which 10 SPECIFIC sppf6pfia-
ten Or IN insufficient specific appro'
pfiation IS made, to can attention TO
the condition Of the circuit court in.
this judicial circuit.
1T is declared that we are entirely
out Of money 70 pay ordinary running
expenses, Including the per diem Of
jurors, The courts have been Virtual.
" closed for months. IN which time