Fong

In this case we are asked to reverse a decision of the Supreme Court of the Territory of Hawaii holding invalid a private act of the territorial legislature, passed April 25,1945, directing the treasurer of the city and county of Honolulu to pay to appellant the sum of $6,000 upon a warrant to be drawn by the auditor of the municipality. The act, so far as material, is shown on the margin.

*233 The question arose in this manner: Upon refusal of the auditor (appellee) to issue the warrant, appellant brought mandamus proceedings to compel compliance with the act. The petition for the writ shows that appellant’s claim against the municipality sounded in tort, that is to say, it arose out of the alleged conversion by the Honolulu Sewer and Water Commission of certain equipment of appellant, or the loss of the equipment through the negligence of the Commission. The circuit court issued an alternative writ, which it later quashed on motion of the auditor, and this disposition of the matter was affirmed on appeal. De Mello v. Fong, 37 Hawaii 415 . The court construed the Hawaiian Organic Act as having partitioned the powers of the territorial government among the three branches…