The Hawaiian gazette., 1909-04-09
HOUSE


" |N NNNNrN NIH I'd NNf Nf'' WV
ttiInf fsiHinrgt ffnH ntInr fhtif nf
taal positions fof private falni hnd
frsifiriiuf ihrii pfseiir, in ruiNF lra
aces unly, We adverse io ne iii Too
report eas one of sporiuus rlfndinft
and long drawn uut Arguments in lari
81 follpNsf
FThe amendment f adopted. vii
prohibit ATTORNEYS nt law Who only are
qualified undcf ihr provisions III law,
~ bold che positions covered by the
proposed amendment, from puftuing
iht business ~ their profession, and
vii operate o. prevent thc holders "
such positions from engaging in any
business outside ~ the duties IT their
snicc. This results boz hn iuyidious BE-.
lection Of certain officials from The
large number ~ Territorial and county
sfcers. and prohibits them from add
inc 10 their salaries the income de-
rived from any outside business. II
the ohiect Of the hill ~ Ia compel the
holder Of any Territorial or county Of
fec from engaging in any business out.
side 81 the duties Of his Office, then
li would be only proper % include in
the operation Of the act the holder Of
every government office 1t is not
right TO select only the attorneys Mt
law. whose sole opportunities for add
inc 10 their official salaries is TO be
found in the line Of their profession,
and TO prohibit them from practise,
while other officials are permitted TO
engage in business. II the law pre-
scribed as n qualification for the Of
fee Of Treasurer of the Territory or
l.. IA. "a
banker or a stakeholder or officer in a
banking corporation or in trust com
pany. and then n law was proposed
prohibiting such Treasurer from engag
ing in the banking business, or being
an officer or stakeholder in a banking
corporation or n trust company, the
ineauity of the latter law would be Sc
evident as to appeal to every fair
minded man. but it is equally unjust
10 pass the law, now proposed, TO pro
hibit law officers of the government;
from pursuing their profession.
"'The law is Objectionable because
its operation will prevent competent
attorneys from taking such official po
sitions. The salaries are entirely toe
small to secure the services of any
competent attorney, IL he is obliged
10 foregO all private practise. The
only way TO secure competent lawyers
under the proposed law would be Ia
increase the salaries so as to- cOmpen'
safe the lawyer for the loss of income
arising from his practise. To do this
would increase the burden of taxa
ton, and add 20 the expense of the
government, an alternative which al
This time is neither desirable nor pos
sible
"'This law is an innovation on the
custom prevailing throughout the Unit
cd States. and its passage in no way
benefits the people. Instead of add
ing to the efficiency of the Offices re-
quired to be filed by attorneys at law
II would impair that efficiency by put
ting in Office only such lawyers as the
public will not intrust with any pri-
vate business. In other words, it will
require the people to elect as in
eumbents of such offices to do the pub
bic work, only those lawyers whom the
people will not intrust with their pri'
vate business. Is the Legislature pre-
pared to say that the proper qualifi'
cation for law officer of the govern
ment is that he shall not possess the
ability or the confidence of the com
munity sufficiently TO be intrusted
with the private business of the mem
bers of the community Yet this is
lust what the act in effect declares.
SAN innovation of this kind on the
established usage of generations in the
United States of America is in itself
a reason for hesitancy. 1T is true that
in the large centers in the United
States the law officers devote all OF
sheir time to the public business, but
tlHt is not the result of any law sucl
as this, but is the result of the public
business necessarily occupying all theiI
time. 1t, therefore, becomes necessary
IN such places to pay large salaries to
obtain competent lawyers, and the sal
sries paid, with fees and perquisites,
run from $4,000 to 100000 and $4,000
q year.
t'If any of the law officers of the
Territory of Hawaii or of its subdivi'
sions should neglect the public busl'
aess or interests in order to pursue his
private practise, there is adequate rem
sdy under existing laws, but TO strike
ut whole class of officers for the
fault of one, if any such there is, is
unjust and wrong.
"Another Objectionable feature con-
tAsined in the bill is that it proposes
TO prevent district magistrates from
acting as attorneys and councillors in
any of the courts of the Territory. In
die district of Honolulu, for example
there is first and second district mag
Istrate. The first district magistrate
is in receipt of monthly salary fol-
his services and sits practically every
day in the year, Sundays and legal hol'
Nays excepted. The second district
magistrate very rarely has an oppor'
tunity to perform his functions as a
Judge, and when he does he receives a
certain daily compensation for each
and every day he acts as such, and is
N receipt of no regular monthly sal
sry or other compensation by virtue of
his office.
"To prohibit the second district
magistrate, for example, from pursu
ing his profession while in Office would
SIMPLY mean that no lawyer would care
10 accept the position without reason
able compensation, in the nature of &
regular monthly salary. The Territory