The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-05

III AS d puDiic OlnCidi VIM PNiApihiS
services in addition TO his statu-
tory duties, during ONCE hours,
and collects fee for the same
a right to the possession of the money
so obtained? The question arose yes
terday in the discussion of the fire
court fee proceeding, and Judge Gear
held that any public official who does
so collect money is entitled to put 1t
in his own pocket and not turn 1T over
to the Territory. The practice at pres
ent is the reverse of the doctrine Of
the second judge, and Attorney General
Dole contends that a public Official who
does do things not required by statute,
but while in the service of the Terri
tory, is required TO pay the money into
the public treasury.
Treasurer Wright is among the Ofii-
cials who at present collects fees for
services which he is not actually re-
quired to perform and these sums go
into a fund designated as ''realiza-
tinns" There is no check upon such
collections for any oficial and the
court SukEtStSO lAAdA bIG AiteAoAANt
might give a big luau some time from
this fund and no one be the wiser.
This government is woefully lacking
in necessary statutes for carrying on
its business" said the court, there is
a system now OF officials trusting one
another which ought not to be. The
auditor and the treasurer haven't the
proper checks and expend money from
funds which should not be spent for
that purpose. Only little while ago,
a representative was sent to washing
ton and his expenses paid out Of some
fund or other for there wasn't an APP
preparation by the legislature dedicated
to that purpose. There are ether in
stances in which money is taken out
OF one fund and placed in another and
this exchange of funds shoula
not be allowed. IL these actions were
questioned in the courts there might
be trouble The whole fault 10 in the
fnsufIicfency of necessary statutes gov
erning all these things Specifically"
Mr.. Dole suggested thst IL would be
extremely dinicult fer the Treasurer
or any other official to put these
monies in his own pocket was sug-
gested by the court Judge Gear re-
piled that there was no statute reguir-
ing the performance of extra duties,
and II this extra work was done, and
compensation received, the Territory
had no right to the money. There
was no law by which the Territory
had a right TO make such charges and
If they were made then some one was
made to pay something which he was
not required to DO. Mr.. Dole suggest
ed that il the registrar for instance
made a copy Of deed or something
of the sort. which he was not required
by law to do. he had right to charge
a fee for the service, whether express
ly authorized by statute or no. in
this case, the court contended, he
pocket as there is nothing In the
statute authorizing the government 70
make such charge The Attorney Cen
eral argued that the work was done by
the official during the time he was be-
ing paid by the government and con-
sequently any monies so received
should go into the Territorial Treas
ury. The court was not convinced by
the argument, and held that the Ter
ritory did not have as much right 10
the money as did the official who ala
the work As the discussion was en-
tirely apart from the argument IN the
Fire Commission case the courts opln-
ion did not have the usual judicial
weight.