Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-07-12

respective jurisdictions, subject to the
approval of the High Shelf, may ap.
point such Deputy Sheriffs and other
police officers as occasion may ro-
Guire, and may dismiss them in their
discretion. :" Sec. 1864, II. L.
BY Act 80 of the Session Laws Of
1905. entitled "An Act Creating Coun.
ties within the Territory of Hawaii
and Providing for the Government
! Thereof" under Chap. Is. title, Sher.
iff, 1t provides: Subject to the spe-
cial provisions of this Act, the County
Sheriff OF each County shall have and
exercise all the powers, privileges and
authority. and be required to perform
all the duties in his own Jurisdiction,
the same being the County in and for
which he shall have been elected, as
are now by law provided to be had. ex-
ercised and performed by the High
Sheriff of the Territory or by the
Sheriffs of the various Islands re-
spectively," - " 1905, Act 80. Sec.
ton 81.
"All laws or parts of laws, SO far as
the same may be inconsistent with
/ shy provision Of this Act, are hereby
repealed" 1905, Act 80, Sec. II.
BY the above sections Of the County
Act, It specially provides that the
County Sheriff shall have and exercise
all the powers, privileges and author.
ity as are now by law provided to be
had, exercised and performed by the
t.tx III 81 ha nj Ia
, wall, or by the Sheriffs Of the various
Islands respectively; and be required
to perform all the duties In his own
Jurisdiction, the same being the Coun-
ty in and for which he shall have
Eecn elected; the only exception be-
| ing the care, custody or control Of any
Territorial Jail, etc, which still re-
mans with the High Sheriff.
The Supreme Court OF the Territory
OF Hawaii has held as far as officers
other than the Attorney General are
concerned, we do not consider that the
Act (meaning County AcD unduly en-
/ croaches upon their prescribed func.
TONS" Castle vs.. Atkinson, 16 Haw.
100.
By combining the law as is contained
in the foregoing sections, and eliminate
Ing the parts inconsistent with the
County Act as provided in Section 1l2
thereof, | am Of the opinion that the
Sheriff of the County OF Hawaii has
the power Of appointment formerly ex-
ercised by the Sheriff Of the Island Of
| Hawaii, and also has the power Of ap-
prevail exercised by the High Sheriff
OF the Territory, and do therefore hold
| that the Sheriff of the County Of Ha.
wall has the sole and absolute power
of appointment Of police officers below
the grade of Deputy Sheriffs.
( In reference to the appointment Of
clerks, included f. the foregoing ques-
ton, the law is l. in and clear under
section 10 Of the County Act which Ia
as follows: "A County Officer may,
with the approval of the Board Of SUI
| rervisors, employ such clerks and other
assistants as may be necessary to aid
him in the performance of the duties
OF his office, and may, without such
/ approval. remove the same" There
! fore to employ clerks 1t requires the
approval OF the Board of Supervisors.
Question Eff such appointments
are made by the Sheriff of the County
of Hawaii does the law require that
such appointments be approved by the
Board OF Supervisors to become Waldo
This question is answered by the an
swer to question |, but in order that
there will be no misunderstanding,
will say that 1t is my. opinion that the
appointment OF police officers by the
Sheriff Of the County does not require
the approval of the Board OF Super
visors to make their appointments
valid; but In the case of clerks the
approval of the Board of Supervisors
Is necessary.
Question 3-"Who are authorized by
law to remove or dismiss police OFF,
cers?"