The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-19
.MEHEULA To
zzSTAND TRIAL
Judge Dole Finds Charge
Within Federal
Statutes.

Judge Dole. after exhaustive hear.
ings, yesterday rendered a decision
overruling, on both points, the de-
murrer to Indictment of Solomon Niche
ula, Clerk of the House of Representa-
tives. as an officer" for destroying
public documents.
r. W. Breckons. District Attorney.
| appeared for the United States, and C.
w. Ashford for the defendant. The de-
murrer was based on the grounds "a.
that it did not appear in the indictment
that the defendant was an officer of
| the United States. or an officer at all
within the intent of the statute under
which it was brought; and (2), that
1T did not appear that the vouchers OF
House expenditures mentioned in the
Indictment were such documents or
papers as were contemplated in the
statutes in question or any other stat
ute of the United States.
The decision says the case turns
mainly upon the construction of the
word officer" in Sec. 540S of the Revis-
ed Statutes. docs it mean an officer
of the United States, as created by
law under the specific enactments of
the Constitution, under which the Pres
ident appoints, with the advice and
consent of the Senate, certain officers;
and Congress may vest the appoint
ment of other officers in the Presi-
dent, courts of law and heads of de-
partments; or is it used in more pop
ular sense in which it may include OFF,
GERS not appointed as above provided %
Judge Dole, after showing the abb
solute sovereignty of Congress over
territories of the United States and cit
ing the related statutes, answers the
question just quoted with the follow
ing conclusions:
This court has no authority to linn
it the application of this statute where
it is not limited by its own language
or by contemporary law. The defend
ant was an officer of the territorial
government; his Office was created by
Congress, and he had duties to perform
which Congress had required from him
as such officer. His duties appertained
to matters which related to the Fed
eral Government which had the re-
sponsibility of the Government of the
Territory-the proper enactment OF leg
islation and the care of the laws and
proceedings of the Legislature in order
that the Secretary of the Territory
might record and preserve the same
and forward copies thereof to Congress
h. ms to la
Under the rules of the House Of
Representatives of the territorial Leg
islature, the clerk was made r#ponsi-
BILE for all the records of the House,
and was required to draw such drafts
on the Treasury for expenses of the
session as should be authorized by the
House and approved by the committee
on accounts, to pay all such bills and
accounts as should be approved by the
committee on accounts or ordered by
the House, and to employ such type |
writer's and other assistants as the |
business of the House might, from time |
to time, require. Under these cond1- |
lions and provisions it can hardly be
said that a voucher calling for the dis |
of the public funds of the
Territory was not a record of the |
House or that in it's relation to drafts |
on the Treasury for the expenses of
the session as shall be authorized by /
the House and approved by the COM
rnittee on accounts or payments Of
public funds as approved by the COM
mittee on accounts or ordered by the
House. it was not an important part
of the proceedings of the Legislature
which the Secretary of the Territory
was required to preserve. Certainly I
the President and Congress are inter
asted in knowing how the Legislature
it has established, and it's officers au-
Lhorized by them, are doing their work,
and they are entitled to know as the
supreme government of the Territory.
It cannot be said that the destruction
Of such a voucher is purely territorial
matter.
1.-The provision of the statute describ-
ng the offense charged in this indict-
nent, which removes one who is con-
1icted thereof from his office, raises the
question whether Congress could have
Intended to include territorial officers
within the provisions of the statute.
am of the opinion that the probable
of the statute to state
officers offers no ground of argument
Why territorial officers are not affected.
rhe states within certain limits are
sovereign and conduct their own pub
ic affairs, subject to the Constitution,
of the Federal Govern
nent. But the territories are governed
~ Congress and. though they are gen.
rally allowed government to some
.xtent, it is as a privilege and not as
right; and such privilege may be re-
moved or changed by Congress in it's
discretion.
'"The demurrer is overruled on both
points.
SANFORD B. DOLE,
Judge, United States District Court.
January Is, 1904