The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-12
NEEDS OF
ISLAND
OF HAWAII
Executive Council
Hears Boyd's
Report.

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
Council They have one other course
suggested to them by the Attorney Cen
eral, namely an appeal to the Supreme
Court upon an agreed statement OF
facts. The decision of the Attorney
General Is as follows. ...
Territory Of Hawaii, Office of the At
torney General.
Honolulu. II. l., Nov. Q. 1901.
Honorable VIM. H. Wright Treasurer
of the Territory of Hawaii.
Dear Sir-On October Goth 1 received
a letter from you. together with
communication from DR.. Rodgers, sec
rotary 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 legal claim against the govern
ment.
The communication Of DR.. Rodgers
referred to, not furnishing me with
the information l desired, upon which
to base an opinion, l wrote him for
additional information and his reply
left one fact indefinite in my mind. l
subsequently addressed ietter 10 the
superintendent of Public Instruction.
enclose MS reply tosether WIN the
TWO letters written ny III houseIs.
1t appears from theSe letters that
there are no regulations of the depart
ment providing for definite periods in
employing teachers. The teachers are
engaged with the understanding that
they nave the fisht To leave at
any time, anu that the department mas
the rlght To dispense win thelr ser
vices at any tiine. Ihelr saiafles are
hxeu. generally speaking ny 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 pest.
IN sucil contracts MS THESE the teach-
er is emitted TO the pay alolteu MN
py the department. subject |" such IN
crease or decrease as may be made
IN the future. ! think IL is clear, now
ever, tnat the department mas no laW-
ful authority to increase or decrease
the salaries or teachers fetroSpectiVei!'
me reason Is PLAIN. me duties or the
department are pupiic trust me
moneys at IT'S uisposal are trust iuhus,
the properly OF the pubic Ihey can
not be given away, however merito-
RUS the object OF such donation may
pe' ana services rendered IA pursuance
Oh contract cannot De paid above the
contract rate although the contract
ana the rate, as to future services,
may ne cpanged at any tune.
In Or. dodgers letter OF October Ia.
ne states That the department on the
i5tn Oh april 1879, passed the ioiioW-
ing resolution: no salaries sha'l De
4
preparation by the Legislature, Tor any
cause Whatever, helther shaii the
poard CONSIDER an! rise OF any saiary'
whether IN or out OF the schedulei nor
shaii any saiarg pe raised ny Nir'ue OF
TINS scheduie' when rs hereby sus-
penoed until next 'legisimtlVe apprO-
81. s WI ~ n,,,,,N ,,i
he 20 ,n,t;n,,o ~ t,an a,i,s,fn,,
aries in force without increase until
changed by subsequent action of the
department.
IN Mr.. ATKINSON letter OF November
D, ne says, me current salarIes
Which shouin nave rlsen according To
tne scheaule 'heh IN force were hot
ralseu. II was the current s'IaI!ss uuS
~ 'iie scheuuie' whlch were WI'iiiclu'
from rack Oh iuhds 10 pay theh' II
was not case or retrospective IN
crease III portion OF the theh es-
tapiished ana nSeu saialies was win
helu' sifip'y from want Oh lulus |"
pa! tneni, sucn portion Woulu De
,esal CAIN against the governments 10
De satisheu rom inc aPpiuprla'"h ioI
the payment Oh unpaid piils' put 1
ran TO see now this construction can
oe recoic,,eu WIN tiie tesoiutioh aooNe
Iuo'eu, ~ SUN vas me ,l'eiilion VI
s slle uep'i' ,ihent !. IsI'u,nls WIS uh-
ioItuiiale IN eAp,eSsIhS ~;
,.s. susses. ' 10. ~ nt'sm. We il,'ro sa,o
IsiactoIy 10 tne Depar''icht oI fupiIc
ihstruction' anu 10 the teachers inter-
es'eu, .ne question were supiiiitteu
10 tne supreme curt wilhout SUIT.
on an agreed statement Oh iacts, very
sincerely yours r.. = DoLE,
At'orhey General
CLAIM OF HONOLULU IRON
WORKS.
Relative to the claim of the Honolulu
,r,r WorLs .ha At,nrray C.,ar.I srh-