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

| Governor Carter only laughs at thu
| soft impeachment of Deputy Sheriff
Cox. who is. also a member of the
| noribund House of Representatives
| charging him with doing ordinar,
| politics prejudicial to Cox's ambition,
I in@;taking the stand the Governor has
1 against the election of one man &c
| both the Legislature and a county Of
| fee, or any Territorial Office of emolu-
ment while a member Of the Legisla-
ture.
It would appear that Cox is deter
mined to fly in the face of the Gov
ernor's caution in the matter. Should
the Republican party on Oahu crafty
his dual ambition by nominating and
electing him, he will certainly have to
fight his way to his seat in the Legis-
lature, if he ever gets there, over a
road paved with lawyers fees.
On the Governors part. while he
smilingly regards the vaporing of the
doughty legislator and deputy sheriff,
he has had his position fortified by the
following opinion from the Attorney
Generals Department. Mr.. Prosser is
its nthor:
August Z, 1906.
i
Governor of the Territory of Ha-
wall, Honolulu.
Sir: In response to your request for
the opinion of this department, dated
June 4, 1906, as to whether a represen-
tative of the legislature of the Terri
tory of Hawaii can be appointed to fill
a vacancy in the board of supervisors
of one of the counties during his term
of office as a member of the legisla-
ture we give you the following ad-
vice:
section 16 of the Organic Act pro-
vides as follows:
Il nat no member of the legislature
shall, during the term for which he is
elected, be appointed or elected to any
Office of the Territory of Hawaii
Section II following provides:
THAT no person holding office in or
under or by authority of the govern
ment of the United States or of the
Territory of Hawaii shall be eligible to
election to the legislature or to hold
a position as a member of the same
while holding said Office
The two sections of the organic act
above referred to should be read to-
gether, and from them, we should
ascertain the intent of Congress in
passing the sections referred to.
Where there is a doubt as to the in
tent of the legislative body in passing
an act, resort can always be had to
the reason for the passage of the act
in question, and the mischief which
the act was supposed to remedy. In
the case before us the provisions of
law under consideration We're un-
doubtedly intended by Congress to
prevent the creation of offices by the
legislature and the subsequent filling
of the same by members of that body.
The office of supervisor is created by
wall by virtue of the power in it vest
ed by the organic act. The duties of
the boards of supervisors are prescrib-
ed by the legislature and the salary
of the Office is fixed by the legisla-
ture. There is nothing TO prevent the
legislature from changing the duties
of the boards of supervisors or increas-
ing or diminishing the salaries of the
members thereof. Such boards of SUI
pervisors although representing only
the counties for which they are elect
ed, yet in q sense represent the ter
ritorial government, counties being on-I
ly an agency of such territorial gov
for the better carrying on of |
the scheme of government.
On the point of whether or not a |
Office is an Office of the |
state, the authorities are conflicting, |
some hold, as in the case Of Britton