Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1912-04-05
WAS RECKLESSLY
DRAWN REPORT
Says City Attorney CathCart of
Expert Fields Figures
and Comment.

! nave no desire TO get into any news
paper controversy with Mr.. II. Good.
ing Field, concerning his report sub.
mitted to the Chamber of Commerce
as to municipal matters, but as In the
morning paper he still insists on max
ing comparisons between the legal
work of the City and County Of Homo
lulu and that of Shelby County and
Memphis, in the State of Tennessee,
and still insists upon making misrep-
reservations as to the legal machin
cry in Tennessee, his comments call
for brief reply.
The attitude of Mr.. Field is that the
Tennessee prosecutor in Shelby Coun.
~. with the salaries of his Office con.
sidorahly less than the salaries of
mine. does considerably more work
The department of J. N. Estes. who
Is described by Mr.. Field as "Attor.
ney General of Shelby County" has
placed upon II under the laws of the
State of Tennessee the duty of prose.
cutting violations of the criminal law
in what is designated as the Criminal
Court" According to Mr.. Fields fig.
ures, the total cost in salaries in Mr..
Estes Department Is the sum of 80, 800
per annum, which is compared with
the total OF salaries in our depart.
ment, exclusive of detective paid
out of the Police Funds (sl5OO per
annum) of s11,SSO.
In Memphis.
Mr.. Field overlooked in his original
report and still insists upon overlook.
ing the fact that under the Charter of
the City Of Memphis as amended re-
Gently there Is provided what Is desig
mated as "City Attorney" at an an.
nual salary of $4,000, which City At
torney is allowed an assistant at an
annual salary of $1,000. This is in ad-
dition TO the STAFF of Mr.. Estes. Mr..
Field also overlooked in his original
report and still insists upon overlook
ing the fact that throughout the State
of Tennessee generally there Is pro.
vided for the various counties what is
designated County Attorney" the
duty of the County Attorney being un.
der the law generally TO prosecute all
the legal business Of the particular
county and to advise the various
county officers upon legal matters af
fecting their Offices.
Mr. Field also overlooks the fact
that large proportion of the cases,
which he says are prosecuted b. Mr..
Estes as Attorney General for Shelby
County, are composed of what. arc
known as misdemeanors, such as NiO-
lations of the liquor law, carrying con.
cealed weapons and numerous class
OF offenses that are less than fclonies,
and that in the City and County OF
Honolulu such offenses are under the
law prosecuted in the first instance in
the various District Courts, subject To
the right granted to every defendant
on appeal to jury trial.
have not available, at present, any
! figures showing the salaries and cX'
penses of the County Attorney of Shell
by County, but taking Mr.. Fields fig.
ures as to the expenses of Mr.. Estes
department being $4,000 per annum,
and adding to that the salaries fixed
by law of the City Attorney and the
Assistant City Attorney Of Memphis,
aggrcgating $4,000 per annum, 1t
would seem the expenses in connec'
ton with the legal machinery of Shell
by County, exclusive of the salary and
expenses of the County Attorney, and
exclusive of any office expenses of the
City Attorney or of Mr.. Estes depart
ment, amounts to $4,000 per annum,
What Honolulu Does
| The legal department of the City
and County of Honolulu performs all
of the functions carried on in Tonnes
see by three separate departments, to-
wit, the District Prosecuting Officer,
, known as the Attorney General for
the District, the City Attorney and
the County Attorney. The duties OF
our department are not confined
merely to the prosecution OF criminal
cases before juries, but the Charter OF
the City and County of Honolulu spe'
officially makes It my duty, not only to
conduct on behalf of the people all
prosecutions In the City and County
for offenses against the laws of the
Territory of Hawaii, but also to pros
ecute for all violations of City and
County ordinances and to conduct all
civil cases in which the City and
| County IL interested. In addition tQ
this the law requires this department
| to prosecute violations of the regula'
lions of the Territorial Board OF
Health, and specifically provides for
the taking charge of criminal cases
before the District Magistrates.
II is also the duty of the City and
County Attorney of Honolulu to give
opinions in writing to the City and
County officers on matters relating to
the duties of their respective Offices,
and when required by the Board of
Supervisors or any member thereof to
draft ordinances for the City and
County, and generally to perform such
duties as are in Tennessee and ordi
narily on tho mainland performed ci'
ther by the City Attorney or by the
County Attorney.
Fields Excuse.
Mr.. Field attempts to excuse him
self for the error he has made as to
the number of cases conducted by
this department by claiming that the
discrepancy between 497 cases as sta
ted by him in his report and the act
ual number approximately 1000, was
brought about by a reading of re-
port submitted by me to the Mayor
and embodied in the report of the
Mayor IN thp TprTitOrinl LEGISLATURE