The Hawaiian gazette., 1908-09-11
AUDITOR AND
THE DECISION

ON the appeal of James A. Thompson
from the Auditor s ruling refusing to
issue n warrant for the services of
Thompson in typewriting the report of
the Tax Commission. The refusal was
based on the provision of the salary
appropriation that mo officer or other
employe of the Territory holding more
than one office or employment shall be
authorized to draw more than the
salary of the highest grade of the Office
or employment held by him, provided
the aggregate of the salaries to any
person shall not exceed one hundred
dollars per month; and he shall be en-
titled to no other or further compen-
sation.' This is provision which it
has been usual to add to salary appro-
priation bills for a good many years.
"The provision" continued Auditor
Fisher, els aimed at n very bad prac-
tice, a practice that the provision has
practically prevented ever since it was
adopted 1t used to be that clerks and
employees in all departments were con-
stantly being appointed to do clerical
or other work from some other depart
ment, typewriting and that sort Of
thing, and being paid for it in addition
to their salaries. ostensibly this work
was done outside of Office hours. But
the result was that more and more at
sort of extra employment, and there
was constant exercise of pull to get
IL. The object of the provision was to
do away with this, They were paid
a salary for their services to the gov
ernment, and that was the extent of
public funds they could draw.
"Under this decision of the Supreme
Court it is clear the purpose can now
best be secured by the passage of a
general act covering the whole subject.
That means was proposed during the
last Legislature, and a bill to that
effect was drafted. But for some rea-
son it did not get through. 1t would
be much better TO have a general act,
for then in case by inadvertence or
otherwise, there should be a failure to
put this provision in the appropriation
bills, the general act will cover the sit.
nation"
The Supreme Court directed the Au-
ditor to issue the\ warrant for the
amount due Thompson for the work for
the Tax Commission $60.40, on the
ground that this was in the nature OF
a contract, and that by doing the work
Thompson did not become an employ'
of the Territory, or hold an employ
ment within the meaning of the act
On this point the court says, Justice
Wilder writing the opinion:
The expenses of the tax commission
were provided for in Act 127, s. L,
1907, entitled "An act making appro
priations for the departmental use OF
the Territory" and which did moi
contain the provision in the other act
which has been referred to.
1t is clear, and conceded, tina
Thompson, by virtue of being a clerl
of the court, is an officer of the Terri
tory, and it is equally clear that doin
the work in question for the tax com
- holl
than one Office. The question, then, is
Did Thompson, by virtue of his con
tract with the tax commission, becom
an employe of the Territory or hol,
an employment within the meaning o
the statute referred toi
4 common and ordinary meaning o
the word "employe" is one who work
for a salary or wages under directions
See 10 eye. 1882, Century Dictionary
We think this is the sense in which j
is used in the appropriation bill.
also involves the idea of continuity o
service and excludes that of being en-
gagged for a special or single transaC
tion. As WAS said by the U. s. Su
preme Court in Louisville, etc, Rail
road Co. V. Wilson, 13s U. S. sol, 50I
"the terms 'oflicers' and 'employes
both, alike, refer to those in regula
and continual service. Within the o
dinary acceptation of the terms, on
who is engaged to render service
particular transaction is neither a
officer nor an employe. They impl
continuity of service and exclude tho'
employed for a special and sing
transaction. An attorney of an ind
vidual. retained for single suir,
not his employe. 1t is true, he hi
engaged to render services, but his e.
gagement is rather that of a contrac
or than that of an employe"
The contention of the auditor if u
held would lead to results not ,onteT
plated by the statute, For instanc
an attorney could not be engaged
the attorney general and paid out
the incidental fund of his departing
in more than one case a month If Z
bill for services were over 800, ii
could anyone do work for the Ter
4or,, 90 tha lyind harn namalN fyT