The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-03-30
|PUBL|CEMPLOYES
! NAY engage IN
I PRIVATE PRACTISE
On Recommendation Of House
judiciary Committee Craw-
ford's BIN IS Tabled
ONLY TWO STATES KNOWN
TO HAVE Law ON SUBJECT
Measure Would Inure TO Detri.
ment d Efficient Service In.
ire Several Departments

The attorney general OF the Terri
tory and his deputies, the city after,
ney Of Honolulu and his Deputies, the
county attorneys Of Hawaii, Maui ann
Kauai and their respective deputies,
the hiah sheriff and his deputies, the
city and respective county attorneys
and their deputies, provided they are
lawyers, and some are and some are
not, may spend their time practising
and acting a. counsellors at law for
their profit and at the expense Of the
public IN any civil causes instituted
In any court within the Territory.
The house committee on the Judiciary
said 90 Saturday when Il recommended
that ri. B. las, introduced by Eli j.
Crawford and entitled I" An Act *. !.
prohibiting certain officials Of the gov
eminent from pfnctising or acting rs
attorneys or eopnsellors at law in civil
causes during their terms Of Office,
| Be tabled! The Recommendation Of the
Icohniittee, which is headed by Repre-
sentative William 7. Rawlins, was
adopted and the bill went TO the wood
pile. Efforts have been made every
two years, almost since the FIRST ter
ritorial legislature met in 1901, to pro-
hibit these saiaried employees Of the
government from engaging in private
practise. These efforts have been, how,
ever, all in vain. The report Of the
Judiciary committee reads as follows:
The Committees Report
1.-THE object Of this bill Is to pre-
vent the attorney general Of the Ter
fitorys and his deputies, the attorney
Of the city and county of Honolulu
and his deputies, the county attorneys
| iof each. Of the several counties and
Their deputies, the high sheriff, sheriff
and deputy sheriffs throughout the Ter.
fftory from practising and acting %
attorneys or councillors at law in any
civil causes instituted In any court
within the Territory. 1#
rYonr committee has made q care.
| full Investigation OF this matter, with
| the result that after an examination
Of tho statutes Of thirty out of the
i fotty.6 i've States Of the Union, the
/ statutes Of the remaining fifteen States
being only partially available in oui
anpreme court library, and the statutes
Of two o. the States to wit, mississippi
and South Carolina, being entirely miss
ing, finds that out Of the thirty States
exppined only two have adopted pro
4 Visions limiting in any degree the right
1 to engage In civil practise on the part
Of such 6fiieials, and. these proyisioni
4 AFFECT only the attorneys general OF
THE two States, the States Of New
Hampshire and Wyoming being the
4 two above mentioned. The statntei
Of the other twenty-eifht States Gov
cred by this investigation either con
Il tain 10 provisions limiting the rights
81 such officials TO engage in civil
/ practise, or Gas Is more commonly the
CASEY afirniatively provide that such
Il 0fiicials may not engage in any civil
suit depending upon substantially the
4 9aipe facts as in pending criminal
1 pTdseeutions, thus nferentiaily author
izihg said officials to engage in civil
Apite not depending upon facts involved
iuaa criminal trial. 81 I i. 2.
i VHy Little Prohibition Elsewhere
TIE result Of this Investigation, a
/ far as data Is at hand, has been Il
afhrmstively disclose the fact that nj
Il statutory provisions exist limiting coun
ty attorneys from accepting civil EN-
4 ployment. Il The usual statutory provi
dous limiting them from being EN-
q pioyed In cases contrary TO the publ,
interest only eInphaaizes their right 3,
ehgagesin civil practise In matters NO
Il contrary to the public interest. Tn,
1.-TWO exceptions are New Hampshire ant
| Wyoming, which prohibit the attorney
4 general from accepting civil cases, bu
neither Of the States In any way limit
the right of any public attorney O.
prosecutor other than the attorney gen
4 eral in engaging in private civil prae
tise, As far as the attorney genera
and his deputies are concerned, you
4 S1muiittee finds that they are not en-
gaged In private practise, their tim
i being almost entirely taken up will
governmental matters. ..5
Would BE Detrimental g. .,. &
iiaBts UAs shilt ia it,, present form win
your committee believes, inure To tn,
4 detfimeBtf Of efficient service In tn,
officea' of the attorneys Of the seyera
counties and would prevent the voter,
from obtaining the services of men a
county attorneys who are capable ant
whom the voters would wish TO 6ll tn,
Ipositions sSfs sttfs
| IYo1r judiciary committee there
fore, after due and careful considera
ton Of tAs matter, recommends that
| the bill be tabled ~ T. =
Il kfs,s ,s.----------- Z. 4 a.
II sAnahA - ASAaA 49, 1890. #