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Evening Bulletin in Honolulu, Hawaii

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Newspaper

Evening Bulletin

Location

Honolulu, Hawaii, United States of America

Date

Feb 20, 1911

Page

8

Embezzlement by Honolulu County Second District Clerk

A Hawaii court rules that a second district court clerk in Honolulu, appointed by the district magistrate and tasked with collecting bail and related funds for the City and County of Honolulu, can be charged with embezzlement of county money. The decision cites prior cases showing indirect consent by the county to entrust public funds to designated clerks and rejects defense arguments that the clerk was not a county employee or that statute did not authorize the appointment.

District Court of Honolulu Honoluli DE Bolt District of Circuit Supreme Court Snel Sneb Territory Wright Ollce Superintendent of Public Works Department of Public Works Richardson Emi Jement Touolist County Funy Tno G. Smith Maure Slate Ve Myers Ohig S. L Board of Supervisors Coster How Honoslru Mnid

Embezzlement case tests county officer duties and authority

A territorial embezzlement appeal questions whether a county officer or county employee can be liable when bail money is misused without explicit authorization. The court rejects a narrow statutory reading and affirms that collect­ing money under color of authority can still support embezzlement charges. The dissent notes doctrine of estoppel is not required here as the defendant’s conduct fits embezzlement, and the derfe reral court is advised to overrule the demurrer.

Stvtnia Astel Lin O'Bron Slate Spaudding Nteley Politmeyer Ohio Circuit Court Aw, Catherat A. A. Wilder C. C. Bitting Champion Clemons & Wilder

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