The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-01-15
POSITION OF
SUPERVISORS
Continued from Page one.l

been changes in the management of
the identical services in this city and
these islands without any confusion.
Section 146, under which the Decem-
Der appointments were purported to pc
made, according to common report was
not inserted to provide against an in
terregnum but to be used as an ms
trument, first, for unduly influencing
support in the election, and, secondly,
for evading the spirit and defeating the
preceding letter of the law requiring
the Boards approval of appointments.
But, as before shown, the section des-
troys its own object by requiring the
Mayors appointees to qualify at noon
on the Monday in question when it
was impossible for them to qualify eX
cepting at a meeting of the Board
that itself only took office at the mo-
ment stated. Therefore, Section lac is
not to be considered in the present con-
troversy, being nugatory in its own
terms.
AS anticipated the Mayor called the
Board to order on the instant of change
from county to municipal regime, and
any danger of confusion or suspension
of the public services coulu have been
averted by simple motion adopted by
the Board that all holders of jobs UNI
der the county should continue on
duty until their successors were ap-
pointed.
Now as to the Mayors appointing
power. 1t is admitted by the majority
of the Supervisors that the Municipal
Act gives the Mayor a general power of
appointment of "all officers of the City
and County whose election or appoint
ment is not otherwise specially pro-
vided or in this charter or by law"
Then we look in the charter, which
the Mayor seems not to have done, for
such officers as may by implication be
meant in the provision just quoted
We find the law silent on the matter.
There are no officers of the City and
County, other than elective ones, nam
ed in the charter. Here are the only
sections creating City and County Of
ficers, others relating to duties and
salaries being confined to this list:
Section "a The officers Of said
City and County shall be Mayor, a
Board of Supervisors, Sheriff who
shall be ex-officio Coroner, City and
County Clerk who shall be ex-oficio
Clerk of the Board of Supervisors, an
Auditor, a Treasurer and City and
County Attorney; all of whom shall
be elected at large by the duly qualified
electors of said City and County.
Section %. In each and every Dis
trict of said City and County, there
shall be Deputy Sheriff who shall be
a person residing in the District for
which he is candidate, and shall be
elected by the duly qualified electors of
such district"
Where, then, did Mayor-elect Fern
find his list of officers to which he
made appointments before the City and
County government was constituted
and began it's functions?
Presumably from the salary and pay
rolls of the County of Oahu. Then we
must look up the County Act to find
what beneficiaries of county stipend
had the rank and position of officers
These are the sections of the sections
of the County Act bearing on the
search:
Section IL. The officers of each
county shall be Board of Supervisors,
a Sheriff, who shall be ex-officio Coro-
ner, a County Clerk who shall be ex-
officio Clerk of the Board of Super
visors, an Auditor, an Assessor and
Tax Collector, a County Attorney and
a Treasurer; all OF whom, except the
Supervisors, shall be elected by the
duly qualified electors of tire County"
Section Is. All County officers, eX-
cept as herein provided, shall hold Of
fee for two years and until their sue
cessors are elected and qualified.
Clause 2 of Section 62 of the County
Act gives the Board of Supervisors
power ITO appoint such subordinate
officers as they may deem necessary for
the public service"
Now the designation of Officer is
distinct in law. 1t has been defined
by the Supreme Court of Hawaii. In
general it means a public servant
whose duties are prescribed by statu-
tory law. Another definition l have
had from a lawyer holding a judicial
position is that an officer in the legal
sense is one confirmed in Office for a
stated period and who cannot be re-
moved excepting for statutory cause
The conditions mentioned do not apply
to such subordinate officers" as the
county Board of Supervisors may have
deemed necessary for the public ser
vice. There was indeed not one Of
them whose legal rank was higher thar
that of an employee of the county eX'
| cent DOssiblV the EXAMINER of Chauf