The Hawaiian gazette., 1913-08-08
CIVIL SERVICE
IN CONTROL q?
Punctuation and capitalization of
New Law May Determine That
Board of Commissioners Have
Entire Charge Of Both Fire and
Police Departments Of Honolulu.

DO The members of tho Honolulu Civil
Service Commission also constitute a
board of Police Commissioners and
Board OF Fire Commissioners, with the
powers usually delegated to such
bodiesl
Members of the board had this ques
ton laid before them Sunday and il il
already pIzlling them. aud To- such IAN
extent that the city attorney, and pos
sibly the attorney general of the Terri.
tory, will soon DO asked to give opin.
ions as to whether Act 81. Session Laws
OF 1913, have really delegated taese
powers to the board.
Act 81, Section /, sets forth that
the Mayor shall appoint, with the ap.
Iroval OF the board of supervisors, ga
Board of Police and Fire Commission.
ers, to be known AS the Honolulu Civil
Service Commissioners, and Section
10 sets forth the fact that "all law,
and parts of laws inconsistent herewith
are hereby repealed,
Wntz Expresses Surprise.
When the commissioners met on Sun
day this apparent delegation of direct
police and fire powers to the civil ser
vice commissioners was brought 10 the
attention of Chairman Wirtz. The chair
man, who was the father of the measure
in the last legislature, became atten
tive at once. That such powers had
been directly delegated was surprise
to him, and also to Commissioner Doyle
The latter, because of his pressing rail
road duties at the height of the ship
ping season, had not thoroughly ac
quainted himself with all the inside
features of the law, and said nothing
The chairman, however, secured a copy
of the law and read over the puzzling
sections several times, at the cOnclu
sion of which he remarked:
" don believe that was the intent
of the law.
Intent, and its reading and stated
purpose, are different things said
Commissioner Doyle.
Should the law be so construed that
the civil service commission is found
to have greater powers than the mere
preparation of rules and regulations for
the two departments and control of ex.
aninations of candidates for positions
the three commissioners would sit in
the gliise of commissioners whose word
will be law unto the sheriff and chief
of the fire department.
Capitals May Change Intent.
just AS the misplaeing or lack of
comma in legal document makes OF
unmakes it,, il is claimed that the eapi.
talizing of the phrase ga Board OF
Police and Fire commissioners, ~ may
disturb the legality of the commission
now sitting as a ''Oiyil Service Com,
mission 1t is claimed that if the
principal words in the phrase had been
lowcr'cased, and mot capitalized no par.
ticular Importance would have been at.
tached to its meaning and intent.
Section 10 which provides that call
laws inconsistent with Act 81 are here.
repealed, - is part of the act which
is also puzzlng, for it is accepted in
conjunction with the provisions of Act
81 creating police and fire commission.
ers, then the appointive powers of
both the sheriff and fire chief would be
nil, il is said.
Another question which has also
arisen and will call for legal opinion
is rs to whether the county Jail comes
within the jurisdiction of the civil ser
vice commission. As the iailer is ap
pointed by the sheriff and practically
all the employees, including guards and
clerks, are under his appointment, the
commissioners hold that it comes with.
in their jurisdiction. The Jail, happen.
ing to be detached from the sheriff )
office, in their opinion does not make
It separate and apart from the sheriff 5
jurisdiction.
--@<.s.-