Hollinger v. Kumalae

Citations

• 25 Haw. 669
• 1920 Haw. LEXIS 6

Syllabus

<p>Statutes — construction—meaning of language.</p> <p>It is a general rule that language used in a statute or constitution must be presumed to have been used in its known and ordinary significance unless that sense be repelled by the context.</p> <p>Same — same—meaning of phrase “office of the Territory of Hawaii.”</p> <p>In its known and ordinary significance the phrase “office of the Territory of Hawaii” does not include offices purely local or municipal, but includes only such offices as were created for the purpose of carrying on the business of the territorial government.</p> <p>Same — same—disqualification .of citizen for election to office.</p> <p>Statutes providing for disqualification of citizens for election to office are construed strictly and will not be extended to cases not clearly within their scope.</p> <p>Officers — election of officer to another vacates first, when.</p> <p>The acceptance of an office by one already holding another, where the holding of the two offices by one person at the same time has been prohibited by law or the two offices are incompatible at common law, automatically vacates the first office held.</p> <p>Same — election of officer to another does not vacate first, when, not</p> <p>If the law doesAforbid the holding of the two particular offices by one person at the same time and they are not incompatible at common law the acceptance of the second does not vacate the first and the person so elected could legally hold them both at the same time.</p> <p>Same — acceptance by legislator of office of supervisor of City and County of Honolulu, effect of.</p> <p>Section 17 of the Organic Act prohibits any person holding office “in or under or by authority of the government of * * * the Territory of Hawaii” from holding the position of a member of the legislature while holding said office. Held, that the office of supervisor of the City and County of Honolulu is an office by authority of the government of-the Territory of Hawaii and t