Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-09-08
The
Honolulu
Brew

VIII d6l nlS GdSI
Officers the Territory may do "outside work for de-
partnen other than that in which they employed and re-
ceivc pay for it.
This is the meaning decision handed down by the ST.
premc this morning in the of the appeal of the Tax
Commissioners from the ruling of the Auditor 1t will be
remembered that j. a. Thompson officer OF the courts,
did some typcwrng for the Tax Commission When the bill
rendered the Auditor turned it down under the law which
prevents any officer of the Territory drawing two salaries The
Court this morning that Tbompson's bill may properly
be paid. The decision follows:
IN RE APPEAL OF /. T. PECK A. +. JUDD, A. PERRY
AND j. \. THOMPSON.
AppEAL FROM AUDITOR
Submitted August %, 1905. Decided September s, 1905
HARrwELr CD, WILDER AND BArLou, JJ. .
OF typewriter copies of the report
working Office hours not an OFF,
of the Territory within the meaning of the
appropriation bills. D.,
OPINION OF THE COURT WILDER J. '
This is appeal from ruling of the auditor refusing to
issue in favor of j. A. Thompson for making type
written copies OF the report OF the tax commission
Thompson clerk of the court drawing salary OF more
than 800 month under Act 1876 S. L. 1907 entitled "An
Act providing for salaries and pay of employees of the Terri
tory On June 26 1908, he entered into contract with the
tax commission make and deliver later than June 30,
1905 typewriter copies of its report it being agreed that the
work should be done night and intervening Sunday
and that he be paid for the work at the regular rates which III
this amounted $6O4O. Thompson complied with his
part of the contract to the satisfaction of the members of the
commission.
The auditor refused to issue warrant for work done
# 1of Act1
"No officer other employee of the Territory holding
than office employment shall be authorized to draw
than the salary of the highest grade of the Office or employment
held by him, provided the aggregate salaries to one person
shall exceed hundred dollars per month"; and he shall
be entitled other or further compensation
The expenses of the commission provided for in
Act 1871 S. j. 1907, entitled San Act making appropriations
for the departmental of the Territory and which did not
contain the provision in the other which has been referred to-
clear and conceded that Thompson by virtue of being
clerk of the court officer of the Territory, and is
equally clear that doing the work question for the tax
mission did not make him hold than office The que
ton then is did homso by virtue of his contract with the
tax commission, become employee of the Territory hold
employment within the meaning of the statute referred to-
common and ordinary meaning of the word employee is
one who works for salary or wages under directions Sec 10
Cyc 1882 Century Dictionary We think this is the IN
which is used in the appropriation BILL 1t also involves the
idea of continuity of service and excludes that of being engaged
for special single transaction As said by the u s.
Supreme Court in Louisville etc., Rhil,0dd Co. Wilson,
13S o. s. sol, $685. "tc Officers and employees bot
alike refer to those in regular and continual service Within
the ordinary acceptation of the terms who engaged to
render service in particular transaction is neither officer
employee They imply continuity of service and exclude
those employed for special and single transaction An attor
ney of individual retained for single suit is his
employee 1t is he has engaged render services but his
engagement is rather that of a than that of
employee"
The contention of the auditor if upheld would lead results
not contemplated by the statute For instance attorney
could not be engaged by the attorney general and paid the
incidental fund of his department in than
month if the bill for services $780, nor could any
do work for the Territory of the kind here namely ypewr
ing, if it should cost than 800 in one month
The auditor is directed issue the warrant in question
A. Perry and 4. 4. Judd for appellants.
q. r. HemenmaH attorney General for Auditor.