Castle v. Kapena
Hawaii Supreme Court
Appeal from Decision of the Chief Justice Granting a Writ of Mandamus. Citizens and taxpayers may bring mandamus against a public officer. Mandamus lies against a Cabinet Minister, to compel the performance of purely ministerial duties.
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Appeal from Decision of the Chief Justice Granting a Writ of Mandamus. Citizens and taxpayers may bring mandamus against a public officer. Mandamus lies against a Cabinet Minister, to compel the performance of purely ministerial duties. Under the Loan Act of 1882, which prescribes that Government bonds, payable in United States gold or its equivalent, may be issued at not less than par, it is illegal to issue the bonds for Hawaiian silver half-dollars of less intrinsic value than their face value in United States gold coin. Injunction, not mandamus, is the pro'per remedy to prevent a public…
1Opinion of the Court
Opinion op the Full Court by
McOully, J.
The petitioners set forth that they are citizens and taxpayers of the Kingdom; that they are informed and believe that the respondent, in his official capacity, has prepared and is now about to issue bonds to the amount of one hundred and thirty thousand dollars, purporting to be pursuant to the Act of August 5, 1882, taking in paym7nt therefor silver coins which are only about .eighty-two per cent, of the value of United States gold coin, *31whereas it is prescribed by the statute that they shall be issued not below par in United States gold coin or its…
2Cases cited6 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Decatur v. PauldingSupreme Court of the United States · 1840
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- United States Ex Rel. Goodrich v. GuthrieSupreme Court of the United States · 1855
- Brashear v. MasonSupreme Court of the United States · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Morgan v. Planning Department, County of KauaiHawaii Supreme Court · 2004
- Asplund v. HannettNew Mexico Supreme Court · 1926
- Glover v. FongHawaii Supreme Court · 1958
- Lucas v. American-Hawaiian Engineering & Construction Co.Hawaii Supreme Court · 1904
- Castle v. AtkinsonHawaii Supreme Court · 1905
18 more not listed; retrieve them via the Exa API.