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,…
1DissentDe Bolt, J.
I concur in the opinion of Mr. Chief Justice Robertson as to the right of the auditor to raise the question as to the validity of the statute; but as to the merits of the appeal I am unable to concur in either of the foregoing opinions, or in the conclusion reached by the majority. The chief justice concludes that the statute in question is invalid because it “trenches upon the judicial power, and it constitutes *536an attempt to divert public funds to private use without any moral obligation or other consideration of public policy to support it.” Mr. Justice Perry concurs in tire conclusion…
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- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
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