The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-08-10

| recognized distinction between state
officers whose duties concern the state
| al large Or the general public, and
municipal officers. whose functions re-
late exclusively TO the municipality
Dillon on Municipal Corporations
Sec. 80; State VS.. Vale. IL Mo. 20
The Court OF Appeals of the State OF
New York in the case of the People VS.
Nixon. 15s New York, z27, holds. that
The term State Officers includes
| every officer for whom all the electors
of the state are entitled to vote and
| every officer appointed by one or more
| state officers or by the legislature and
| authorized to exercise official functions
| throughout the entire state or without
limitation to any political subdivision
| Of the state
| County officers or members of the
| board OF supervisors might very prop
| erly be called local officers as dis
| tinguished from state or territorial Of
fcials and the term. local officers is
defined by the case above referred to
! as being,
every officer who is elected by the
electors OF a portion only of the state
every officer of a political subdivision
or municipal corporation OF the state.
and every officer limited in the exer-
else of his official functions to q por-
ton only of the state"
Smith on Corporations, Vol 1, Sec.
1856
On the other hand, the case of Shell
by VS.. Acorn, 72 American Decisions,
1859, seems to point in the other direc-
ton. At page 1SS, there IS an exhaus-
tive note upon the subject under dis
cussion wherein decisions. are given
from many of the states Of the Union.
The Supreme Court of the state of
Mississippi, in discussing the question
as to whether or not a men iber of it's
legislature could occupy the Office Of
levee commissioner, the same being an
office of local and limited powers and
duties, says as follows:
1T is manifest that the local and
limited powers and duties of the levee
commissioner can have Ro effect in
determining the question whether his
office is not an office under the state"
"a member of the board of county
police or justice of the peace, is as
much an. officer under the state as the
executive, the heads of departments or
a member of the judiciary. The powers
attached to the office of levee COM
missioner evidently pertain to the
executive branch of the government.
Clothed with a portion of the power
vested in that department, the COM
missioner in the discharge of his proper
functions exercises as clearly sovereign
power as the governor or the sheriff
or any other executive officer when
acting within his appropriate sphere"
The object of the constitutional pro-
hibition is too manifest to require COM
ment. 1t was precisely to sucp
officers that the prohibition was intend
ed to be applied. In the case above |
referred to, the office of levee commits |
sioner was filed by appointment and |
was not elective. 1t was held in the
case of the Board of Supervisors VS.. the !
People, so Howards Practice 1853 that
the board of supervisors of a county
was not public office. In louisa ma, |
the constitutional provision against
holding more than one Office applies
only to constitutional officers and does
not prevent a constitutional officer
from holding a municipal office.
State VS.. Montgomery. rs La. Ann. I
1873.
The term '.officer of the common
wealth. means state officer and does
not include commissioners of coun-
ties.
Commonwealth VS.. Naley, 8 Pitts. 527.
While, as may readily be seen from
a careful inspection of the authorities
above quoted there is considerable
room for doubt as to the intent of
Congress in passing Sections is and IL
of the organic act above referred to,
this department is of the opinion that
the restrictions contained in said sec
tons of the organic act under discus
sion were intended to prevent the ap-
pointment or election to office of mem
bers of the legislature where the legis-
Iature had the right and power to
create Such Office, prescribe the duties
thereof and regulate the compensation
therefor.
1t is therefore the opinion of this De-
partment that supervisor of one OF
The counties of the Territory is an Off
cer of the Territory within the prchi-
oition contained in Sections Is and II
IF the organic act. and that the offices
If member of the legislature and super
visor are of necessity incompatible and
nay not be held by one and the same
1erson.
I have the honor to be,
Very respectfully yours.
NJ F. PROSSER,
Dap,ty ATTORNEY General !