In re the Appeal of Cummins
Hawaii Supreme Court
'This is an appeal from a ruling made by the territorial auditor by which he refused to issue a warrant upon the treasurer on tire claim of John A. Cummins for the sum of five thousand dollars. This sum, the appellant claims is due and payable to him pursuant to Act léé. of the Session Laws of 1911, which is here set forth in full. “An Act for the Helief of John A. Cummins.
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'This is an appeal from a ruling made by the territorial auditor by which he refused to issue a warrant upon the treasurer on tire claim of John A. Cummins for the sum of five thousand dollars. This sum, the appellant claims is due and payable to him pursuant to Act léé. of the Session Laws of 1911, which is here set forth in full. “An Act for the Helief of John A. Cummins. “Whereas, it appears that John A. Cummins, a descendant of one of-the High Chief families of Hawaii, and a man who has occupied honorable positions under the late Hawaiian Monarchy, was arrested on the lGth day of January,…
1ConcurrencePjbrry, J.
The preliminary question is presented as to whether the auditor may attack the constitutionality of the statute. It is true that “the objection of unconstitutionality will be listened to only when it is made by one having a legal interest in defeating the statute.” In re Craig, ante pp. 483, 490; Territory v. Miguel, 18 Haw. 402. The present case, however, does not fall within that rule. By B. L., §1514, the auditor is given “.the power, by withholding his approval when necessary, to prevent the misappropriation of public funds, as well as the disbursement of public moneys in exercise of…
2Cases cited16 opinions
- Ex Parte GarlandSupreme Court of the United States · 1867
- United States v. KleinSupreme Court of the United States · 1872
- Ex Parte WellsSupreme Court of the United States · 1856
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
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