The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-06-09

" - I'tI fr'-rfii ~ Jhlius Abcu una OIII|
''Too RAD Jack KAlakieIa holding
their jobs The question to be raised
Is, that the two oIIieehoners are NON.
bers Of TIE legislature and as such have
no right, under the Organic Act, to.
hold positions under the city adminis.
tration.
In direct contradiction TO the con.
tentions Of Attorney Aehi, an opinion
was rendered yesterday by Deputy City
and County Attorney Philip Il. Weaver
that the men are legally entitled to
occupy the Offices.
Disclaims Political Motives.
81 win bring suit next week. !, said
Attorney Achi yesterday, "the outcome
of which will settle this matter for all
time. The two ineumbents are holding
their positions merely on an opinion OF
the city attofney's department. Sheriff
Rose seems to be carried away with the
idea that a mere opinion from an attor
ney Is law. II Is for the courts to de-
eide what Is law and what is not law.
Attorneys rarely agree on ANYTHING.
yet they are entitled to their opinions.
when my attitude in this matter
was first made public through the me-
dium Of The Advertiser | was accused
in some circles Of playing politics. This
is not so. | am instituting these pro
ceedinas as a citizen and lawyer.
The practise Of members of the le2isla-
ture filing government positions Is get
ting to be a growing one and halt
must be called some time.
Y ffnI. a. Als. 49,
we have had in recent years is the
ease of A. s. Kaleiopu, who, while
member Of the legislature from the
nth district, secured q elerkahip 10
the building Inspectors Office. The
next ease we have is that Of Dan
kamahu, who also, as a member Of
the legislature from the fifth district,
secured a position on the police force.
OF course these are but miner positions,
hut this last, appointment Of Sheriff
Rose, that Of the deputy sheriffship,
is Of considerable Importance, and as
the Practise seems to be growing
feel that, it IA high time for SOMEONE
TO find out il these appointments are
legal before II. is too late. Under the
present conditions what Is there to pre-.
vent county officers from being elected
to the Legislature aud then boosting the
salaries Of their Office to any figure that
they wishedg4 w
Cites DiHerent Phases.
'Another phase Of the situation is
thisi In q civil case whore there is
much litigation one side may lose the
case. The point could be raised that
the papers served In the case by Deputy
Sheriff Asch are Illegal, owing TO the
fact that the officer himself is holding
his position illegally. This question is
an important one and one that concerns
the whole community, and when the
point is raised that ] am proceeding
in the matter from merely a political
standpoint II Is hardly a fair one.
1T was just such condition that
1 attribute TO be the cause of the
overthrow Of the Hawaiian monarchy.
Along in 1880, SO, 81 aud SO this prac-
tise became so pernieious that new
constitution was forced upon the King
in 1887. / can remember IN those DAYS
that the lower house Of the legislature
was filed with sheriffs, deputy sheriffs,
tax collectors and district magistrates
They went slow at nrst, but az time
went ON they felt 80 secure In their
positions that the scandal raised at that
time over salary raises has since be
come history. H
At one time Sheriff j. L. Kaulu-
kou and Deputy Sheriff Frank Pahia
both represented the Island of Hawaii
In the legislature. The people finally
rebelled in 1887, and the new eonstitu.
tion was formed.
The final overthrow came in 1898,
but firmly believe that this system Of
eleeting oiliceholders to the legislature
was the primary cause Of H. Men are
sent to the legislature TO make laws
for the people; not 70 create fat Jobs
or salaries for themselves. The posi-
ton is considered one Of honor and If
a man runs for the position and is
elected he should stay with the Job
until his term Of office expires"
In the meantime Sheriff Rose is sit.
ting tight, and is non-committal. He
stated yesterday that the whole sub,
jeet had been turned over to Deputy
County Attorney p. H.. Weaver and
that he had been advised by Weaver
that he was within his legal rights in
appointing Julius w. Asch as deputy
sheriff Of the city and county Of Homo
lulu
The opinion Of Judge Weaver, given
to Auditor Bieknell, Is:
"To James Bieknell, Auditor Of the
City and County Of Honolulu.
"Dear Sir;
ga member Of the House Of Repre-,
scntatives, whose term expires Deeem-
her 3lst, 1914. il deputy sheriff OF the
District Of Honolulu, In june, 1914,
and Is acting as such deputy sheriff.
Section 10 Of the Organic Act pro.
vides that no member of the legisla.
ture, during the term for which he is
elected, shall be appointed to any office
Of the Territory Of Hawaii.
'fThe question is, is such person an
officer holding an Office Of the Terri,
toryl
Former Opinion Recalled
"This Department., by Mr.. Milver,
ton, on May ls, 1913, gave an opinion