Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-01-13

Nouhty ftooNsooi bohu
rejected at last nights meeting of the
Board of Supervisors on the report Of
County Attorney Rawlins, the bond be-
ing returned to Judge Whiting, attor-
ney for Mr.. Iaukea.
When Chairman Hooking called the
Board together at s o'clock, County At
torney Rawlins stated that he had pre-
pared his opinion on the 1aukea bond
but had not had time to typewrite It.
He proceeded to read from pencil notes
when the sound Of martial music smote
the air. announcing that detachment
OF the Salvation Army was approach
ing.
Supervisor Gilman rushed to a win
dow, whistling, fearing lest the noise
might brighten his horse hitched below.
The music ceased at the sound of the
warning whistle. the Salvationists
marched by, Gilman's horse was safe
and Rawlins again commenced to read
his opinion. as follows:
Honolulu, Ian. ~. 1904.
TO the Honorable Board Of Supervis-
ors. County Of Oahu.
Gentlemen: In answer to your oral
request for an opinion as to whether
the bond presented by the Hon. c. p.
Iaukea. County Assessor and Tax Col
lector-elect, is in conformity with law,
beg to make the following reply:
In passing upon the bond submitted
BY the several county and district Off
GERS. we are bound by Chapter 10 Of
Act 81 of the Session Laws OF 1908,
commonly known as the County Act.
Section SO Of Chapter Is requires that
every county and district officer shall,
before entering upon the duties Of his
office. furnish a bond to the Territory
of Hawaii. in the amount required by
law, conditioned to faithfully perform
all the duties OF his office as prescribed
by law. safely to keep all moneys
which may come into his hands by vir-
tue Of bis Office; promptly to pay over
to the person or persons legally au-
thorized to receive the same. all such
moneys in the manner provided by law,
and to deliver over to his successor
i'm Office. all moneys held by him az
such officer. Each officer and his
bondsmen and his sureties, RESPEC-
TlvELY. shall be responsible for ALI.
funds which shall come into his hands
by virtue Of his office. On each Of such
bonds there shall be at least two sure
ties. who may by the COURT or officer
or board required to approve the bond
be examined on oath, touching theiI
qualifications. No person shall be
surety on any such bond unless resi-
dent or freeholder, Or households
within the Territory, and worth in rea.
land personal property. or both. situate
In the Territory, the amount OF hi'
undertaking, over and above all sum-
for which he IL liable. exclusive o
property exempt from executions ant
forced sale, provided. however, tina
nothing herein contained shall proven
lany officer from giving a bond of |
Isurety company In such manner as ma.
be provided by law"
II is plain from the reading Of tn
above quoted section, that the inten
ton OF the Legislature. was to max
the principal and each one Of his sure
ties responsible for all the funds whicl
might come into the hands of the prin
cipal. and that no surety could limi
his liability by qualifying in any spe
cifc amount less than that Of the prin
cipal, but that he must be liable Il
such amount his principal.
In the bond presented the severa
sureties have limited their liability b
declaring that they are only liable In
certain specific amount. This, In m
opinion. is in direct contradiction I
the plain intent of the law. None @
the sureties on the bond presented hav
justified in ...e sum OF $l5O.000.
In conclusion would state that. I
my opinion, the bond presented by tn
Hon. Curtis P. Iaukea does not con
form to the law and is not such bon
as is required by the statute.
Respectfully submitted.
WILLIAM T. RAWIINS,
n District Attorney.