In re Austin

OPINION OF THE COURT BY

FREAR, C.J.

The appellant was suspended from the office of Auditor of The Territory by the Governor for certain specified causes from September 25, 1902, to December 1, 1902, when he was removed from office by the Governor by and with the advice and consent of the Senate. He now appeals from the refusal of the present Auditor to issue a warrant for his salary for the period of his suspension.

“The salary follows the title” as a rule (Macfarlane v. Damon, 8 Haw. 19, 28) and the salary for the period in question .has not been paid to any other officer de facto (see Brown v.…