The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-11-12
ADVISES BOARD or EDUCATION
TO TAKE MATTER TO
SUPREME COURT.
The Union Iron Works Company Can
Be Paie From the Appropriation
For Unpaid Bills Providing the
Money Is Available.


Dole read two opinions he had rem
dered 90 the Treasurer. They are as
follows:
Territory Of Hawaii. Office Of the At
torney General. Honolulu. r. l.,
November eth, 1901.
Hon VIM. II. Wright. Treasurer OF
the Territory Of Hawaii.
Dear slr:-On October 2sth | re-
ceiyed a letter from you. together
with a communication from DR.. Rod
gers. Secretary OF the Department OF
Public instruction. relative TO
amounts due teachers for back paw
on account Of increase Of salaries.
and lnquiring. among other things.
whether the same Is a legal claim
against the Government
The communication OF Or. Rodgers
referred 10. net furnishing me with
the information | desired upon which
10 base an opinion. I wrote him for
additional informal on and his reply
left one fact indefinite in my mind.
I subsequently, addressed a letter to
the superintendent Of Public lnstruc-
ton. enclose his reply. together
with the two letters written by Dr.
Rodgers.
II appears from these letters that
there are no regulations of the De
partmeut providing for definite ne
RODS in employing teachers. The
teachers are engaged with the under
standing that they have the right to
leave at auy time, and that the De-
partment has the right TO dispense
with their services at any time. Their
salaries are fixed, generally speaking
by schedule rates, which may be rails
ed or lowered at any time. The sal
airy OF any individual teacher may he
raised or lowered at any time. as the
Department may deem best.
In such contracts as these the
teacher Is entitled to the paw allctte@
him by the Department. subject to
such increase or decrease as NAV b
made In the future. I think il is clear
however. that the Department has no
lawful authority 10 increase or de
crease the salaries OF teachers retro
spectively. The reason Is plain. The
duties OF the Department are a public
trust. The moneys at its disposal are
trust funds. the property of the pub
lie They cannot be given away. how.
ever meritorious the object OF such
donation NAV be: and services rem
dered In pursuance Of n contract can
not be paid above the contract rate
although IN econtract and the rate. as
10 future services. may be changed at
anv time.
In DR.. Rodgers letter OF October
18th. he states that the Department
on the 18th of April. 1899. passed the
following resolution: mo salaries
shall be raised from now on until the
next appropriation by the Legisla-
ture. for any cause whatever; neither
shall the Board consider any applica.
ton for raise of any SALARY.
or out OF the schedule; nor shall anv
salary be raised by virtue OF this
whether In or out Of the SEIZED
ule; nor shall any salary be-
raised by virtue Of this schedule;
which is hereby suspended until tue
next legislative appropriation or
otherwise" The legal effect OF this
resolution would appear 10 be to con
tinue the then existing salaries IN
force without increase until changed
by subsequent action OF the Depart
ment.
In Mr. Atkinson's letter Of Novem
Der 5th he saws: The current sala-
ries which should have arisen accord
ing 20 the schedule then in force We're
not raised. Il was the current sala-
ries due hv the schedule. which were
withheld. from lack OF funds TO pa~
them. II was not a case OF retros
Dective incre&se" n a portion OF tn
then established ard fixed salaries
was withheld. simply from want oil
funds to pay them. such portion
would be q legal claim against the
Government TO be satisfied from the
appropriation for the psymSa- Of un
paid bills. but I fan 10 see nov this
construction can be reconctsi With
the resolution above Quoted. II such
was the intention Of the Department
Il certainly was unfortunate In ex,
pressing f.
suggest that Z misht be mere sat
isfactorv 20 the Department % Phi lic
Instruction. and 20 the teaeEers n
teresisd. n the question we're srh.
miaed 10 the Supreme Court. wstnoa.
suit. on an agreed statement ~ facts
Very sincerely yours.
E. P. DOLE.
Attornev General
Territory 81 Hawaii. Ofsice Of I,ic At
fernev General. Hanoiall. H. T.
November 9Th. 1901
Hon Wm II. Wright. Treasurer cf
the Territory Of Hawai-
Dear Sir;-In a communication ~
October 2sth Won enclose q b'l' Of the
Honolulu Iron Works compans, linn
ited. against the DEPARTMENT OF Pub
lie Works for sS500 for the first pay
ment on account o. contract - fur
nish a high-llft pump with steam
jacket, the same being one-hlit TIE
contract price. In regard 70 this mat
ter vou say thar this contract was
signed June 18th. 1900. for $1,000.
onehalf Of which was to be paid on