Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1911-04-22
M|LVER7ON SAYS
HAD PERMISSION

Deputy city and County Attorney
Fred w. Milverton makes the state
| mcnt today that he can not be
! charged with any violation of the mu-
| nicipal act in taking several weeks
| leave OF absence from Honolulu and
| attending to private business matters
| at Kona, Hawaii.
II acted entirely under the provi-.
sions of Section III of the city ana
| county laws" declared Milvcrton this
! morning. Before leaving for kona, l
| went to John w. Cathcart city and
county attorney, who granted me per-
| mission To he absent. Under this Sec
ton, / am the appointcc of the city
and county attorney. and my status Is
| much removed In that respect from
that of municipal officer who Is the
appontcc of the mayor or the Board
| Of Supervisors.
The contention of Supervisor Low
that member Of the city and county
attorneys STAFF attend every meeting
Of the board II not borne out by
pCrusal of Section ia OF the munich
pal act. which specifically states that
m official from this office will attend
the regular meetings of the board
when requested by the members to
10 so Furthermore" insisted Milver-
ton, IL defy Supervisor Low or any
pthcr mcmbcr of the board to show
where this department has been dcra
let in ts duties. Tho criminal bust
ness connected with the city and coun-
~ attorneys department has never In
.hC history Of that branch of the mu-
nicipal government been In better
shape. During my absence, ! have
been informed that both Mcssrs Cath
art and Brown attended several meet
ngs of the board ....
Deputy Milverton stated this morn
ing that he has served continuously
With the city and county attorneys de-
rartmcnt since the latter part OF 1907.
I have never come before the board
lsking for vacation went to Konr
believing that the matter that ! had
n hand would be cleared up within
y fow weeks at the latest. After the
mnttcr had been gone into to some cx-
tent I saw that lengthy litigation
,ynuld Inc involved before the case was
..ricd. had then gone 80 far In the
case that In Justice to my clients
rould not back out.
81 might add" continued Milverton'
that intend to return to Kona by
he middle part of May and then nm
sh in the legal business that | have
here. In doing 50, ! will have the
permission OF my chief, as | had III
he former instance"
Deputy Mllvcrton declares that the
3oard of Supervisors has never asked
or anything but that 1t has received
prompt attention The work, he states
- right up to the minute. MilVertoh
,sl,s Low or others to point out where
any matter requiring attention has
,ccn neglected through his absence.
Supervisor Low raised the solitary
dice of contention at the meeting OF
he city fathers in that he had noticed
hat several gatherings Of supervisors
nd been held without the attendance
OF a member of the legal staff of the
rity and county.
why IL this?" asked the supervisor,
urning to his colleagues No one
present seemed to have ready re-
,ponsc Deputy Attorney Milvcrton
occupicd his desk In the inner circle,
surrounded by smiling lawmakers.
Turning to Mayor Fern, Low again
sought information concerning the
status of city and county official who
caves the island without permission
According to Low, Milverton has
been drawing pay during his absence.
MlIverton claims that there Is not sur
iclent in the office of deputy to in
sure any lawyer putting In his whole
time on the job: He cites similar in
stanccs with other deputies, also po-
Ice magistrates who continue outside
practise,
The upshot of the Low Inquiries last
evening resulted in that supervisor be-
ing appointed committee of one to
investigate the absence of the deputy
attorney and report back Ia the board.
The question now arises. should
Low he In need Of legal advice, viii
ne, as n supervisor, turn to consult
member of the city and county attor-
ncys Observation-Disclosures, for in
starcc-or will he seek "A legal opinion
from outside the pale of municipal gov
ornmcnt?"