Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-08-30
IL N'CANDLESS
SUES To HOLD Up
YIERRA'S SALARY
jt', r'...!..: from ago 80,

I~I.iorrcd or4ln2n'e vicr.'r u at
TEMPTED IT, -INe. Hv1"-;t'' and !"!In-
GU~H tic Ccnt'UL, Char-r ".Hiutrn.
an"t and mHnu"rMrnt ct the said rU3.
lie PARKS and recreation grounds to
Il person DESIGNATED a, sTncrInronG-
tnt thereof"
No Bona Eide Cause
NrCundleSs then asserts that. in
his opinion. there was no actual or
bona fide need, cause, reason or au,
thority for the creation OF the "pur-
ported office OF su, erint"ndent OF pub
lie grounds and public buildinys
II is further alleged that the real
reason for the Iussagc Of ordinance
III was "a mere political scheme, the
reason and object of said political
scheme being TO take away from the
mayor Of the said city and county Of
Honolulu the appointing power as to
the public offices Of public larks and
recreation grounds. Keepers and care
takers, and thereby retain in office the
friends and henrhmen of a certain
member or members Ofthe said board
of supervisors
That portion Of the letitton ..amd-
ing this action OF the board as beinS
null, void and Illegal reads as follows;
THAT the said ordinance No. III
of the said city and county of Homo
lulu is null and void for and by the
reason OF the law Of the territory OF
Hawaii, it being thereby provided that
it is the duty of the said board OF
supervisors Of the said city and coUn,
ty of Honolulu to have charge of, and
to maintain, manage and control all
the public parks and recreation
grounds within the said city and COuH.
ty Of Honolulu, with the exception Of
tn" Makiki valley park or reservation;
and that the said attempted dcle2a.
ton of such powers to a person des.
ignated as superintendent of public
grounds and pnblic BUILDINGS, such
person not being a member of the
board Of supervisors. S null and void
and contrary to law"
The petition goes on to tell OF the
appointment of Nierya on June IS BIZ
former Mayor John {. Lane to the
'purpOrted position or Office" 1t al
iegeS that the adoption Of the motion
Of Supervisor Ben IIoIlinger fixing
NiPrra's So larry at 5000 a month was
Illegal, null and vOid," and one of the
reasons given is that the motion was
not submitted to the mayor for his
approval. 1t is also alleged that war
rants for Nierra'S salary have been
issued by the city auditor without the
payroll having been presented to the
mayor for MS approval
MCCandless claims that unless the
various city officers are restrained
from paying Nierra's salary, he will
and financially injured"
Following is tie summary Of the
prayer Of the petitioner which. If
granted he alleges. vii prevent the
Illegal appropriation and payment Of
public funds Of the city and county OF
HCnOluu:'
That the city be enjOiDcd from pay
ing Nierra any salary: that the board
Of supervisors ha onjOined passing
any payrOlls, or making appropriations
containing any Sums pay able to Nipr-
IA; that the mayor lie r strained from
approving any appropriations Or pay.
rolls containing any sums payable to
Nierra; that the city auditor he en-
Joined from issuing any warrants in
FAVOR Of Nierra: that the cry trPasur-
or he restrajnod from paving any such
variants; and. finally. that Ni~rra
himself be rc&tTaj"od from rc"civin4