Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-01-08
Let a fool hold his tongue and he toiH pass for
q sage-Publius Syrus az B. c.
An MTOLERABLE ATTITUDE

where it is intoerable. 1t has passed being
merely ridiculous, even passed petty irritation
Under the law of the last legislature the may
or must do one of three things:
He must allow the present personnel Of
the commission to stand unchanged. 2-He must
reappoint the commissioners She must
make new appointments to the commission.
Under the Interpretation of Deputy City At
torney Weaver the mayor cannot even allow the
commission to stand unchanged. He must re-
appoint the members or name new ones.
The statute Of 1913, creating the commission,
says: ~ 4 ~ @..
ut shall be the duty Of the mayor Of the city
and county of Honolulu on or before the first
day Of January in every year to appoint, with
the approval Of the board Of supervisors, a board
81 police and fire Commissioners to be known as
lie Honolulu Civil Service Commission
The mayor named six months ago the com
mission which has since been serving Shortly
before the close of 1913 the question arose as to
whether new appointments must be made before
January !, 1914, or whether the present board
could serve out full year in office-a years
term being implied by the language of the act.
The mayor sought official legal advice from
Deputy Attorney Weaver, who replied in part
as follows:
Act ST is not clear in the matter. II am Of the
opinion that study or the act and the date of its
going into effect tAprl 1881 shows at least an
Intention to provide for the appointment Of commits
6loners on January OF each year. The power is
3yen to make the appointment before If convenient.
do not think that an appointment to serve, made
Immediately after the act was passed. In any way
extends beyond or into the term Of the next appoint
ment on January 81 each year
- 1noo nnfe stat uhn The farm
shall be- how the interval from April 4, 1913, to
january i 1914 shall be provided for. That interval
Is passed. There is question OF that think
there an implication that the term Is year to
tommence January Of each yea. = 81
The act thus makes it obligatory on the may
81 to name a new commission each year and the
litfs legal adviser holds that the appointments
should be made on or before January of each
year
What is Mayor Ferns attitude?
In the first place, he has neither named a new
commission nor stated that he will ALLOW the
present commission to stand, though he has let
it be known that he is dissatisfied with the com
mission he himself named six months ago.
n the second place, he has given anything
but clear-cut reply to questions as to what he
IS going to do On January 8 he said that the
old commission had gone out of existence and
ne llQ HOT lultllu W ud4Ht a. ueW VIc--IiittI tnc
commission had spent a thousand dollars and
not been worth the money. On January when
B supervisor asked him as to his intentions re
earding the board, he gave an equiyocal reply
which meant nothing.
The people Of Honolulu have q right TO know
where their mayor stands on questions of this
kind. 1t is not matter for future speculation
january has come and gone and the mayor has
not lived up to the plain provisions of the law
as interpreted by the city's adviser.
Mayor Fern is not authorized to pass upon
whether or not the commission has been good
thing for Honolulu. That question does not af
feet his plain duty one way or the other. The
Star Bulletin feels now, as it has said before,
that the commission has done good work and
has laid the ground-plan for much more good
work But even if it had done bad work it would
not be proper for the mayor to discontinue the
commission. 1t would be his duty to change its
membership
The deputy attorney holds that the present
commission has no real powers after January 1.
It is necessary for the mayor to take some kind
Sof action.
What he should do is plain. He should reap
point the present commissioners or name new
members of the board. = &c. =.
Otherwise he is derelict in his sworn duty.
What are you going to do, Mr.. Mayor?