
    JOHN J. GRACE v. THE TERRITORY OF HAWAII.
    Original.
    Submitted June 17, 1901.
    Decided July 5, 1901.
    Frear, C.J., Galbraith and Perry, JJ.
    A Sheriff cannot bind the Territory to pay -a surgeon for an operation upon a private citizen made necessary by am. unauthorized act of a polieeman.
   OPINION OF THE COURT BY

FREAR, C.J.

This is a submission without action on the following agreed facts:

In February, 1901, a policeman at Hilo, Hawaii, without authority, justification or extenuation by law, shot and wounded a private citizen. It immediately became necessary to extract the bullet from the wounded man. The Sheriff of Hawaii requested the plaintiff, who was a licensed physician and surgeon practicing in Hilo-, to perform the operation, promising him reasonable compensation for the service by the department of' the Attorney-General. The plaintiff performed the service im a skillful manner and rendered a bill therefor to the said department. The question is whether the Territory is liable.

In our opinion the Sheriff was without authority to bind the-Territory to pay for an operation upon a private citizen made-necessary by an unauthorized act of a policeman. Judgment for tbe defendant.

Tbe plaintiff in person.

Attorney-Qmeral E. P. Dole for tbe defendant.  