The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-03-03
SUIT :.
FIlEBBY Wilder
Govefnor and Other Territorial
Officials Figure. y Litigation
Over Forbes Expenses

Lucius. Il. Pinkham, Governor; J. H.
Fisher, auditor; Charles. J.. Mccarthy,
treasurer Of the Territory, in their Off.
;cial capacities and Charles r.. Forbes,
fnpeufntendent of public works and
head Of half dozen other public dc,
partments and commissions, ia his per.
sonal capacity, have been cited BY Cir
|. cult Judge Ashford TO appear before him
at two O'Clock next Friday afternoon
Ito show cause why the Governor shail
not be enjoined from approving the
payment of certain items of expense I'M
Cured BY Forbes during his. recent
visit in Washington, prohibiting Audi
tor Fislfer From issuing warrant and
Treasurer Mccarthy from honoring and
paying such warrant, or warrants,
should they be issued by the auditor
Judge wilder Is PLAINTIFF ~ T.
This il the, suit A. A. Wilder has
been threatening for some time. The
action Is an equity one and Wilder
appears as plaintiff, Robert w. Breck-
ons, former United States district at
torney, being attorney for the petition
FER. The papers we're fled in the cir.
cult court yesterday. ~ ~
Although set for a hearing on Friday
IL is not likely that one VIII be held
then, owing TO the fact that service Of
the complaint and order to show cause
cannot be served on Forbes until his
arrival from Hilo next Saturday morn,
7 ing. H. he returns them Mr.. Forbes
left for Hil0 last Saturday. d. -
p The items of Forbes Washington
trip, which the suit seeks to hold
up andseyeHtually refuse payment, are;
For a dinner given by Forbes in Wash.
ington on January 10, last, TO senators,
ninety-two dollars and FIVE cents; place;
cards for this dinner, FIVE dollars and
ono, dollar and fifty cents for notices,
presumably for the same, dinner. The
three items total ninety eight dollars
and fftg'tiye cents.
Expenditures Not Urgent
"That the expenditures thus alleged
to have been made by the said Charles
r. Forbes, and payment Of which will
be made out of said appropriation I'M
less said payment is restrained by
this honorable court claims clause
VII of the complaint, "were not for
any urgent needs of any nature what
Soever, and were not for urgent needs
for which no specific appropriation had
be n made, and were not for any urgent
needs for which an insufficient appro-
priatiOn had been made, and we're. for
expenditures wholly and utterly with
out and beyond the purposes for which
the said appropriation of $4,000 had
boon made out. " =
7 The spec nc appropriation. referred TO
! in the paragraph quoted above ii other,
wise. known AS the Governor econ,
tingent fund" out of which, Mr., Wild.
er Is reliably informed, these claims,
which he alleges are illegal, are to be
paid.
Explains Why He Sues
By way of explaining the reason for
his action the plaintiff in clause | of
the complaint says:
That your orator is a citizen of the
United States, and citizen and resi-
dent of the Territory. of Hawaii; that
he is property owner and Taxpayer
within said Territory; and that any
unlawful expenditures of the public
moneys of the Territory of Hawaii will,
by reason of his being such citizen and
tax payer, increase the taxes which he
will be compelled to pay to the Terri,
tory of Hawaii, and increase the burd,
ems upon the property located within
the Territory of Hawaii owned by
him.
An examination of the vouchers fled
in the Office Of the auditor yesterday
showed that Mr., Forbes had presented
no claims, whatsoever, whereby he might
be reimbursed for the. steamer and rail,
road fares he is supposed to have paid
both in going to and returning from
Washington.