Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-05-16
FORBES BILLS
DENIED; STUART
RAPS GOVERNOR
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Attorney General Arthur G. Smith. one
OF counsel for the governor and other
respondents
As a matter Of fact, the notice OF
appeal has been drawn up for several
weeks" Mr.. Smith told the court
Out OF the moneys expended bv
/ Forbes while on the mainland. amount
| ing to more than $1,000. it is alleged
in the original complaint that he en-
! deavored to have 1885,. expenses for
! a dinner to senators in the national
| capital, paid by the governor out OF 4
special appropriation TO. which only
the governor has access. II Is further
! alleged that Forbes endeavOred TO
| have another portion of the expenses,
amounting 10 about $500, paid from
| the funds OF the public utilities CON.
| mission The two suits involving the
| expenditure OF these amounts were de.
cided today. 49,. -..
On January II, 1916, says the deci-
sion, Forbes, then in Washington, sent
cablegram TO the governor request.
ink authority TO eXpend 500 for en-
! Governor Pinkham cabled Forbes al
thority to make the expenditure
| Forbes expended 1885, for a dinner
TO senator's The decision adds that
! on February s, this year. Wilder ad-
used the utilities commission that il
| il approved for payment any por-
| ton OF Forbes bills the facts would be
! laid before the grand jury.
Commenting in this respect, Judge
Stuart says
Comments on Attorney-General.
"On February IA or Is, the attorney
general gave the question an Oral
emergency treatment, before the com.
mission, in which he arrived at the
conclusion that the claim was illegal
and could not be paid The public
was never informed of this opinion;
the first information that the court
had of il was obtained from the an
swer herein. The encouragement
takes the position that his opinions
in matters of this kind are not public
property. think differently. If such
an opinion had been rendered and
made known, the bringing of this case
might have been avoided"
In an opinion heretofore filed the
| court held that member of board
could not contract with himself, and
that the members of a board could not
allow themselves compensation or
travelling expenses or board bills out
side OF those expressly provided for
by law, and that the mourning OF any
other expenses would be ultra wires.
$50 far as legislation is concerned,
says Judge Stuart, I'VE have our
representative before Congress at the
public expense to look after our inter
ests. One board may take the view
that certain legislation is necessary;
another one of equal authority may
take the opposite view. Can they both
hire officials or appoint members from
their own boards to go TO Washington
at public expense and advocate their
different views?
The members OF these boards may
feel sufficiently interested as individ-
uals to wish to be heard as citizens,
and they may pay their own expenses
or the expenses of an agent for that
purpose, but they must not use terri
torial funds for the purpose Of carry.
ina out their private views. II is un-
lawful and unauthorized" =. T. ...
Referring to the dinner which
Forbes gave in Washington, Judge
| Stuart emphasizes the statement that
"telegrams show that the governor
absolutely authorized this expendi-
| ture." -" "
HE has no authority in the law to
authorize dinners at Washington OF
this kind" the decision continues.
land the attorney general does not
claim that he had any such authority.
Il is a claim that should not be paid
from the public funds under any con-
sideration. The governor has done all
| that was necessary on his part TO
make il claim against the territory
! elf there was any validity in it,"
Concluding, Judge Stuart says:
AS matters stood when these ac-
tions we're commenced, / think the
plaintiff (WilderD was fully justified
| in bringing them. There may be a
| lack of proof as to some of the Off
| GERS as to threats as to what they
would do, but there is no doubt in my
mind as to the fact that each of them
would have taken the steps necessary
| in payment of these claims and that
they would have been paid long ere
of these actions" .:.~-- -.
II was expected that appeals from
Judge Stuart's decision would be fileL
| this afternoon.