The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-09
WILCOX MAY
GET HIS PAY
Continued from Page 81

sign the voucher, but it will be under
such restrictions that it is extremely
doubtful whether the auditor win 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 c. 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 compensa ton
for services rendered, as clerk of the
Board of Health, during the epidemic
of bubonic plague.
Where a public official has a salary
fixed by law, it is a 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 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
pensation, SUCH vote would be null and
void.
But in this case extra compensation
has been voted by the law making pow
er which fixes salaries and appropria-
tions. 1t may have been unwise to vote
extra compensation for overtime in
one case when scores Of men were
working day and night in a time Of
Oh;
pensation; but Mr.. Wilcox presented
his claim to the legislature, the legisla-
ture passed upon it, and I think its ac-
ton in the premises was clearly within
it's constitutional powers.
1 think that Mr.. Wilcox, under Act
" of tie Extra Session of 1901, is en-
titled to the appropriation of four hun
dred dollars for his benefit, and that If
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) E. P. DOLE,
Attorney General.
President Sloggett stated that he did
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 usual
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
which is not true. All that can be re-
quired is a 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 we're 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
Committee extra compensa-
ton, to which he was not entitled.
Mr.. Dole replied that the legislature
was the law making body and high
er power than the Board of Health, and
if it sought to pass such bill, it was
clearly within it's powers.
DR.. Sloggett also said that he was
forced to rather remarkable action, in
being compelled to indorse 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 the Endorsement
appropriation by the legislature" and
striking out the words for services
faithfully performed.