The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-01

Territorial and Federal officials were
engaged yesterday in looking into the
law concerning the appointment. of DR.
Golfer as president of the Board of
Health. None of these officials appear
to be much worried: indeed, they seem
to be quite will satisfied that DIR.
Cofer has the right to act in his dual
capacity. The section relied on By the
persons who are objecting TO DR. Golfer
retaining his position is 1854 of the Re-
vised Statutes of the United States,
enacted away back in the fifties, which
reads as follows:
No member of the legislative as
sembIy OF any Territory now organized
shall hold or be appointed to any Office
which has been created, or the salary
or a 21oluments of which have been in
creased. while he was a member, dur
ing the term for which he was elect
ed, and for one year after the expira-
ton of such term; but this restriction
shall not be applicable to members
Of the first legislative assembly in any
Territory hereafter organized; and no
person holding a commission or APP
pointTnent under the United States,
except postmasters, shall be mem
Der of the legislative assembly, or
shall hold any Office under the gov
eminent of any Territory. The excep-
ton of postmasters shall not apply in
the Territory of Washington.
At the time of the adoption of the
Organic Act of the Territory of Ha-
wait there We're but a few Territories
in existence to which the above act
might apply, and In none of the Or
ganic-Acts of these Territories was
any provision, other than the above,
made.
Congress, however, insofar as Ha-
wall was concerned, appears to have
made a special provision with relation
to one person holding two offices; APP
parently limiting the making Fed
eral official ineligible only as a MEM
Der of the Legislature. Section II of
the Organic Act 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 the position of a member of the
same while holding said office,
The question of Dr. Cofers eligibility
was raised yesterday by the handing
OF the following letter to Attorney
General HeTnenway by A. S. Hum
phreys, while the former was in court
in the Territory versus Marx case:
Honolulu, June 30. 1908.
Hon. G. r. Hemenway. Attorney
General, Honolulu.
Dear Sir: Being persuaded that,
under Section 1854 Of the Revised Stat
utes, United States, DIR. L. e. Golfer is
holding the office of president of the
Territorial Board of Health, contrary
to the laws of the United States, /, as
a taxpayer of this Territory, hereby
request perY1issfon 20 institute quc1
>w1rrsifr6 proceeding 70 deTeTTn1ne the
question hereby raised. I am willing
to give such surety as you may require
for the payment of all costs and
charges that may be incurred in the
prosecution of the proceedings which /
desire to institute. Yours truly,
"A. S. HUMPHREYS"
The Attorney General stated yester-
day that he had absolutely no idea
why the question of DR.. Cofer's eligi-
bility had been raised by Judge Hum
phreys, nor whom the Judge represent
ed in the matter, If anyone besides
himself.
II have not considered the matter at
all since / received the letter, except
to study up the legal point raised"
said the Attorney General. What
other questions there may be behind
the letter. have not had time yet to
consider
DIR. Golfer, the Attorney General, Sec
rotary Mott-Smith and the Governor
We're in consultation for some hours
Yesterday afternoon regarding the
matter.