The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-12
NEEDS OF
ISLAND
OF HAWAII
Executive Council
Hears Boyd's
Report.
TEACHERS GET
NO BACK PAY
Attorney General Dole Renders
Opinions in Two CaSes-Cooper
Attends Meeting.

TT HE Honolulu teachers who claim
that the Territory is indebted to
them for back salaries will not
get their money under the ruling sub
mitted by Attorney General Dole at yes
terday's meeting of the Executive
suggested to them by the Attorney Gen
eral, namely an appeal to the Supreme
Court upon an agreed statement of
facts. The decision of the Attorney
General is as foliows:
Territory of Hawaii, Office of the At
torney General.
Honolulu, II. l., Nov. 3, 1901.
Honorable VIM. II. Wright. Treasurer
of the Territory of Hawaii.
Dear Sir-On October 29th received
a letter from you, together with
communication from DR.. Rodgers, sec
Tetary of the Department of Public
instruction, relative to amounts due
teachers for back pay on account of
increase of salaries, and inquiring.
among other things, whether the same
is a legal claim against the govern
ment.f
The communication Of DR.. Rodgers
referred to, not furnishing me with
the Information 1 desired, upon which
to base an opinion, 1 wrote him for
additional information, and his reply
left one fact indefinite in my mind. 1
subsequently addressed a letter to the
superintendent of Public Instruction.
I enclose his reply, together with the
two letters written by DR.. Rodgers.
1t appears from these letters that
there are no regulations of the depart
ment provNing for definite periods in
employing teachers. The teachers are
they have the right to leave at
any time, and that the department has
the right to dispense with their SER
vices at any time. Their salaries are
fixed, generally speaking, by schedule
rates, which may be raised or lowered
at any time. The salary of any indi-
vidual teacher may be raised or lower
ed at any time, as the department may
deem best.
In such contracts as these the teach
er is entitled to the pay allotted him
by the department, subject to such in
crease or decrease as may be made
in the future. 1 think 1t is clear, how
ever, that the department has no law
ful authority to increase or decrease
the salaries of teachers retrospectively.
The reason is plain. The duties of the
department are public trust. The
moneys at its disposal are trust funds.
the property of the public. They can
not be given away, however merito-
rius the object of such donation may
be. and services rendered in pursuance
of a contract cannot be paid above the
contract rate, although the contract
and the rate, as to future services,
may be changed at any time.
In DR.. Rodgers letter Of October Is,
he states that the department, on the
18th Of April, 1899 passed the follow
ing resolution: mo salaries shall be
raised from now on until the next ap-
Nv 7 ;cT Ia frar for
cause whatever; neither shall the
board consider any rise Of any salary,
whether In or out Of the schedule; nor
shall any salary be raised by virtue of
this schedule, which is hereby sus-
pended until next legislative appro-
pyiation or otherwise" The legal ef-
feet Of this resolution would appear 10
be to continue the then existing sal
aries in force without increase until
changed by subsequent action of the
department.
In Mr.. Atkinson's letter of November
3, he says. The current salaries
which should have risen according to
the schedule then In force were not
raised. 1t was the current salaries due
by the schedule. which were withheld.
from lack Of funds to pay them. II
was not a case of retrospective in
crease" If q portion of the then es-
tablished and fixed salaries was with
held. simply from want Of funds 70
pay them, such portion would be
legal claim against the government, to
be satisfied from the appropriation for
the payment of unpaid bills; but ]
fail to see how this construction can
be reconciled with the resolution above
quoted. If such was the intention OF
the department it certainly was un-
fortunate in expressing il.
I suggest that it might be more sat
isfactory to the Department Of Pubic
IT, m the teachers inter
ested. if the question were submitted
to the Supreme Court. without suit,
on an agreed statement Of facts. Very
sincerely YOURS l.. =. DOLE,
Attorney General.
L----.t-..--a ~, r.no-n .