The Hawaiian gazette., 1914-02-17
U. s. Attorney Generals Opinion
Probably Also Settled Senator
Coles Status.

/ -"
How d. 4. Metzger and James l..
Coke, elected IN November, 1912, as
| territorial senators respectively from
the Islands Of Hawaii and Oahu, were
ineligible to hold federal or other ter.
ritorial Office are matters told in terse
terms in correspondence exchanged be.
tween Governor Pinkham, the secre.
tary Of the interior and the attorney
generals department Of the federal
government
II will be remembered that Senator
Metzger was claimed TO be slated for
secretary of the Territory to succeed
+. A. Mott -Smith, who for some time
has made an effort to retire from that
Office as soon as his successor was ap.
pointed and properly qualified.
That Senator Metzgtr was Governor
Finkham's first choice for the Office in
question is well known, although no de.
Unite statement to this effect was ever
made by the Chief Executive. IL was
only following cable information re.
teived by Governor Pinkham some
weeks ago that Metzger's name was
finally discarded and the name Of At.
torney General w. w. Thayer sent 10
the department as the Governor
choice for the position.
Senator Coke was also prominently
mentioned to succeed Robert w. Brec-
kons as United States district attor.
ney for Hawaii and at one time Il did
appear as IL he would land the place.
The ruling in the matter Of Senator
Metzger may be said to apply to the
case Of Senator Coke. 4
Following is copy Of the letter
received yesterday by Governor Pink.
ham from Preston G.. West, assistant
attorney general Of the United States,
which is approved by Adolph O. Mill.
or, assistant TO the secretary Of the in
terror of, the United States:
am in receipt OF request from the
assistant TO the secretary for opinion
as to whether, under Section is Of the
act of congress approved April 30,
1900 (31 Stat, l4l), an act TO provide
a government for the Territory of Ha.
wall, members Of the territorial legis.
lature are ineligible to appointment to
federal territorial Office, reference be.
ing had particularly to the Office of
secretary of the Territory. This ques-
ton was propounded by the Governor
OF the Territory, who requested reply.
by wire. ~
- Section 16 of the act of April 80,
1900, supra, is as follows;
THAT no member Of the legislature
shall, during the term for which he is
elected, be appointed or elected TO any
Office Of the Territory of Hawaii. |
Section II of the act provides:
. That no person holding office in or
under or by authority of the govern
ment Of the United States or Of the
Territory Of Hawaii shall be eligible
to election TO the Legislature, or to hold
the position Of a member Of the same
while holding said Office
Presumably, those who believe that
section 16 does not inhibit the appoint
ment or election Of member Of the
territorial Legislature to an Office in the
government Of the Territory are of
opinion that it relates wholly to such
local Offices as are filed by election in
the Territory or by what may be term
ed local appointn emit, I.e., by the Gov.
ernor or other ttrritorial oiHeials and,
does not therefor apply to what may
be termed fedora territorial Offices,
such as are filed under appointment by
the President of the United States.
In determining the scope and in
tent Of the provision Of law in question
the succeeding provision contained In
section ~ becomes important. Ii ex.
pressly provides that person holding
Office in the Territory, whether under or
by authority of the Territory or of the
United States government, shall not be
eligible to election to the legislature Or
TO be MEMBER Of said Legislature
while holding the territorial or federal
Office.
Read and considered together, the
intent and effect of said sections ap-
pear to prohibit person from at the
same time holding an appointive or
elective Office and serving as member
of the territorial legislature. This
view is in accord with sound public
policy and with good administration.
As section IL prohibits both the federal
and local office-holders from serving in
the legislature, II Is fair TO assume that
section 10 was intended TO and does
prohibit the appointment or election Of
O member Of the legislature, during the
term for which he was elected to either
q local or a federal Office.
81 have therefore TO state that, in
my opinion, member of the Legislature
OF Hawaii is during the term for which
he was elected ineligible to appoint.
ment TO territorial or federal offices in
the Territory, including the Office Of
secretary Of the Territory. ;" a@t r.
1872 %-s------------ ta.,t
NEW YORK, February l5.--(Asso.
eiated Press by Federal Wireless)-.