The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-21
COOPER VS. AUSTIN
THE SECRETARY'S ACTION
AGAINST THE AUDITOR.
Supreme Court Hears Argument About
the Claim for Pay Of the HiIo Special
Election Officers.

The Supreme Court this morning
heard the arguments i'm the case of
Cooper VS.. Austin, involving the ques-
tion of whether the officers of the spe-
cial election in HHO district are en-
titled to receive their pay for the cleo
ton day work, i'm spite of the fact that
they are drawing government salaries
exceeding $1,000 year. Henry E.
Cooper, Acting Governor, Secretary of
the Territory and a member of the
bar, appeared as attorney for himself
as secretary, While Attorney General
Dole represented Auditor Austin. Aus
tins refusal to audit the claims for
the election officers brought about the
case, which is before the Supreme
Court on an agreed submission of
facts.
The claims under discussion are
those of w. A. Ray, e. w. Estep, j. w.
MOanauli and W. Ragsdale KamanaO,
who acted as election officers in the
special election to elect a successor to
the late Representative j. Ewaliko.
Cooper addressed the court first, con-
tending that the following provision
of act of the special session of the
last legislature, did not apply to COM
pensations outside of the act and pro-
vided for by Congress: mo person
holding more than one office shall be
authorized to draw more than the sal
airy of the highest grade of the office
held by him if the salary of any Office
held by him shall amount to more than
$1,000 per annum, and he shall be en-
titled to no other or further COmpensa-
ton"
Attorney General Doles argument
was quite lengthy He devoted con-
siderable time to showing that an cleo
ton officer is a public official, also that
"a ie a n Off of
the claimants being teachers, In the
course of his argument he said:
THAT inspectors of election, clerks
of election precincts, deputy sheriffs
and land agents under Hawaiian law
are public officers cannot be doubted.
Whether principals of public schools
are public officers for all intents and
purposes, is, think, at least question
able. l suggest, however, that no
where on the mainland in the Unit
ed States, except perhaps in the Dis
trio of Columbia and in Alaska, are
the functions Of government as CEN
traliZed as they are here. Here the
principal of a public school is under
the immediate control of a territorial
department, draws his salary direct
from the territorial treasury, and
has powers and duties defined by
law for the accomplishment of one of
tory 1t seems to me that he occupies
a position close to the shadowy line
which divides public Office from mere
public employment, and which, as the
authorities hold, varies; so that what
is a public office for some purposes,
may not be for others.
The law in question is not new. The
only change made by the last legisla-
ture was the substitution of the word
twelve" for the word Eighteen thus
bringing it down to twelve hundred
dollar salaries. l do not see my way
clear to construe the law as the Secre-
tary of the Treasury does, or as my
predecessors i'm office have done.
While the government wishes to pay
it's Just obligations, it has not right to
Ray out public moneys except as au-
thorized by law; and 1 did not feel jus
titled i'm advising the auditor to draw
the warrants demanded without first
obtaining the sanction of this court.
The question is of much practical i'm
Iortance, for its decision will dispose
OF many claims and must eventually
Influence many appointments to minor
positions.