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,…
1Opinion of the CourtRobertson, C.J.
The first point to be considered is that raised by the appellant to the effect that the auditor, having no- personal interest in the money involved in this case, may not raise the question as to the validity of the statute because “the court will not listen to an objection made to the constitutionality of an act by a party whose rights it does not affect' and who, therefore, has no interest in defeating it.” The principle referred to has been applied by this court in several cases. In the case at bar no constitutional question, strictly speaking, is raised. The contention of the attorney…
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