The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-10-10
WILCOX MAY
GET HIS PAY
TheLesisIative Act
Held to Be
Legal.

Chas. Wilcox is having a hard time
collecting the $500 bounty voted him by
the last legislature for extra services
alleged to have been performed for the
Board of Health during the plague cpl
demic.
Yesterday Attorney General Dole
gave an opinion TO the Board of Health
In which he held that claim to be a
legal one, and President Sloggett will
sign the voucher, but 1t will be under
such restrictions that IL is extre mely
doubtful whether the auditor will issue
the necessary warrant.
The opinion was read at the meeting
yesterday and is as follows:
Territory of Hawaii,
Office OF the Attorney General
Honolulu, ii. l., Oct. 2, 1902.
DR.. Henry G. Sloggett, President of the
Board of Health, Honolulu:
Dear Sir:-I have the honor to report
as follows relative to the claim of Mr..
Charles Wilcox for extra compensation
for services rendered. as clerk of the
Board of Health, during the epidemic
of bubonic plague.
Where a public official has salary
fixed by law, it is well settled rule
that ne is not entitled to extra com
pensation for services rendered in the
line of his official duty. Ordinary Of
fee hours may be six hours a day, and
he may work eighteen hours a day,
Sundays included; but he is only enti-
tied to the salary appropriated by the
legislature; and If the Board of Health
had voted to Mr. Wilcox extra com
Cilsh p.nill5 hA mill "a nd
void.
But in this case extra compensation
has been voted by the law making pow
er which fixes salaries and appropria-
tons. 1t may have been unwise to vote
extra co!.!, ..aLon Tor overtime in
one ca. .r!-a torres of men were
work = 60. ana ntGat in a time of
great pu5ac pan, wi.hoQt asking COM
pensat.on; tvt Mr.. wilcox presented
his claim t. The legislature, the lcgisla-
ture passed Upon it, and l think it's ac-
ton in the premises was clearly within
its constitutional powers
think that Mr.. Wilcox, under Act
" of the Extra Session of 1901, is en-
titled to the appropriation of four hun
dred dollars for his benefit and that II
he should bring an action of mandamus
to compel allowance of the same, the
Board of Health would have no valid
defense in law.
Very respectfully yours,
(Signed) f. p. DOLE.
Attorney General.
President Sloggett stated that he die
not wish to sign the voucher as he con.
sidered it an unjust claim, but was
willing to do this, though he would not
certify that it was for services faith
fully performed, which is the usua
form required by the auditor.
Mr.. Dole stated that President Slog-
gett could certainly be ordered by the
court to sign it, but he could not be
compelled to attest any statement
W hich is not true. All that can be re-
quired is n signature, according to the
statement of facts. Mr.. Dole said that
he did not believe it wise or fair for one
man to secure extra compensation
when scores had been working over
time during the epidemic.
Dr. Cooper said that in his opinion
the Wilcox claim and the action of the
legislature were rather remarkable. A
Home Ruler had introduced the bill
making the appropriation, and the
Home Rule legislature had passed it.
giving to a member Of the Republican
Executive Committee extra compensa-
ton, to which he was not entitled.
Mr. Dole replied that the Legislature
was the law making body and a high
or power than the Board of Health. and
If it sought to pass such bill, 1t was
clearly within its powers.
DR.. Sloggett also said that he was
fnroal IN Their rRma rla bla action. In
being compelled to indorse a claim
which both President Wood and the fl
nance committee of the Board OF
Health which, was then in power had
refused to approve. He finally said he
would sign it, with che Endorsement
appropriation by the Legislature" and
striking out the words for Services
faithfully performed"