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0 RECORDS ofthe ATTORNEY GENERAL 0 1844-1982 April 2005 Hawaii State Archives Iolani Palace Grounds Honolulu Hawaii 96813 ATTORNEY GENERAL TABLE OF CONTENTS Section Administrative History 1 Scope and Content Note 5 Letterbooks, 1874-1918 (Series 508) Description 6 Container List C-51 Territorial Correspondence, 1900-1958 (Series 509) Description 7 Container List C-53 Correspondence, 1959-1982 (Series 503) Description 9 Container List C- 1 General Records, 1844-1899 (Series 505) Description 11 Container list C-36 Opinions, 1844, 1892-1918 (Series 510) Description 12 Container List C-150 Records of Cases, 1856-1940 (Series 507) Description 13 Container List C-42 Insurrection of 1895, 1893-1900 (Series 506) Description 15 Container List C-39 i Financial Records, 1868-1905 (Series 511) Description 16 Container List C- 151 0 Records of Daily Activities, 1904-1907 (Series 512) Description 17 Container List C- 153 0 ll 0 ATTORNEY GENERAL 0 ADMINISTRATIVEHISTORY The Attorney Generalof the State of Hawaii, head of the department of the same name, administers state legal services, to include furnishinglegal opinions to the Governor,legislature and state executive departments, and represents the state in legal actions to which it is a party. The first AttorneyGeneral, John Ricord {1812-1861), was appointed by Kamehameha ill on March 9, 1844, although the officeitself was not formally established until October 29, 1845 by The First Act ofKamehameha III,"An Act to Organize the Executive Ministry." Six months later on April 27, 1846, the Department ofLaw, was created by the Second Act of Kamehameha III,"An Act to Organize the Executive Departments," and the AttorneyGeneral was placed in charge. The AttorneyGeneral was appointed by and servedat the pleasure ofthe King and he reported to the King and the Privy Council. The responsibilities of the AttorneyGeneral included: (1) acknowledgingdeeds, releases of dower's rights, contractsand agreements,certificates of co-partnership,articles of marriage settlement, and all other instrumentsthat required recording (ex-officioregistrar of conveyances); (2) prosecuting and defendingall actions beforethe supreme, superior, or circuit courts in which the governmentwas a direct party; (3) appointing, controlling,and removing notaries public ( ex­ officioprincipal notary public); (4) advising and counseling the King and the executive C ministers on matters oflaw or legal policy; and (5) presenting all crimes, misdemeanors, and public torts by indictment. John Ricord resignedhis officein May, 1847 and the Legislative council passed a Joint Resolution that suspended the officeof AttorneyGeneral "until the new appointmentof such an officer." However, at this time, the Minister of the Interior succeeded to the rights, powers, and duties ofthe AttorneyGeneral as head ofthe Bureau ofExecutive Judicial Officersand the Executive Extra-JudicialOfficers. The various responsibilities of the AttorneyGeneral were distributedto other government officials. For example, the King appointed a registrar of conveyances to serve as principal notary public forthe Kingdom; the governorsof Maui, Kauai, and Hawaii selected their own notaries public; and the superior court judges appointed a district attorneyfor each island districtto trycivil and criminal cases on behalf of the government. For fifteenyears, the officeof attorneygeneral remained vacant. On August 22, 1862, the Legislative Council passed an act providing that the King "may" appoint an attorneygeneral (Session Laws 1862). This act restored to the office the responsibilities previously delegated to other officialsand, in addition, charged him: (1) to help the poor and oppressed subjects obtain their rights, without charge; (2) to attend regular termsof the Courts ofRecord in each judicial district;and (3) to prosecute anyone committing trespassor waste on any portion of public domain or property,e.g. obstructing harbors, streams, and highways. Charles C. Harris was u appointed the AttorneyGeneral on August 26, 1862. ATTORNEYGENERAL 0 The Constitution grantedby Kamehameha V on August 20, 1864 made the appointment ofan attorneygeneral compulsoryand included him in the King's cabinet as well as an ex-officio member ofthe Privy Council of State. With the overthrow of Queen Liliuokalani in 1893, and the subsequent reorganization of the governmentas a republic, a new constitution provided that the attorneygeneral be included in the Executive cabinet and be appointed by the President of the Republic. The AttorneyGeneral appeared forthe governmentpersonally or by deputy in all criminal andcivil cases in which the governmentwas a part; advised and counseled public officersin matters connected with their public duties; aided and counseled "poor and oppressed" citizens to help them obtain their rights; gave opinions upon questions oflaw submitted by the president, Legislative Assembly, or the head ofany department;and controUedand supervisedthe internal police and the care and custody of prisoners (Civil Laws 1897). Following annexation of Hawaii to the United States in 1900, the Organic Act empowered the territorial governorto nominate and appoint the AttorneyGeneral, with the advice and consent of the territorial Senate. In addition to the established responsibilities of the office,the AttorneyGeneral was delegated the powers and duties ofthe Minister of the Interior relating to prisons, prisoners, prison inspectors, notaries public, and escheat of lands. Throughout the 1900's the dutiesof this departmentremained basically the same. However, additional functions were addedperiodically , such as: draftingbills to present to the Legislature; performingrequested servicesfor the Delegate to Congress; and supervising the Bureau of Crime Statistics and Identification(Act 246, S.L.H. 1947). Pursuant to the Hawaii State GovernmentReorganization Act of 1959 (Second Special Session of 1959) the Departmentof the AttorneyGeneral was restructuredto include the Commission to Promote UniformLegislation and the Commission on Subversive Activities. The AttorneyGeneral was furtherdesignated the Consumer Counsel forthe State to investigate reported or suspected violations of the law. Appendix: Attorneys General of Hawaii, 1844-1984 2 ATTORNEY GENERAL AttorneysGeneral of Hawaii Dates Emil C. Peters November 21, 1905 -August 15, 1907 Charles R. Hemenway August 15, 1907 - January 30, 1910 Alexander Lindsay, Jr. February1, 1910 - December 3 I, 1912 Wade WarrenThayer January l, 1913 - April 16, 1914 Ingram M. Stainback April 17, 1914 -April 18, 1918 Arthur G. Smith April 18, 1918 - August 30, 1918 Harryhwin August 30, 1918 -August 31, 1922 John A. Matthewman September 1, 1922 - March 26, 1925 William B. Lymer March 27, 1925 - June 20, 1928 Harry R. Hewitt June 21, 1928 -April 30, 1934 William B. Pittman May 1, 1934- December 20, 1936 Samuel B. Kemp January 2, 1937 - June 30, 1938 Joseph V. Hodgson July I, 1938 - June 7, 1942 EmestK. Kai June 8, 1942 - October 4, 1942 J. Gamer Anthony October 5, 1942 - December 31, 1943 C. Nils Tavares January 1, 1944- June 30, 1947 Rhoda V. Lewis July I, 1947 - October 13, 1947 Walter D. Ackerman,Jr. October 14, 1947 - February 29, 1952 Michiro Watanabe March 1, 1952 - March 2, 1953 0 Edward N. Sylva March 3, 1953 - November 14, 1956 RichardK. Sharpless November 15, 1956 - May 7, 1957 ShiroKashiwa May 8, 1957 - June 8, 1957 Herbert Y. C. Choy June 13, 1957 - November 30, 1958 Hidehiko Uyenoyama December 1, 1958- December 17, 1958 Jack H. Mizuha December 18, 1958 - October 9, 1959 Henry H. Shigekane October 10, 1959 - November 9, 1959 Shiro Kashiwa November 10, 1959 - November 30, 1962 Bert T.Kobayashi December 1, 1962 - June 9, 1969 BertramT. Kanbara June 10, 1969 - July 15, 1971 George Pai July 16, 1971 -November 30, 1974 Ronald Y. Amemiya December 1, 1974 - December 29, 1978 Wayne Minami December 30, 1978 - January 30, 1981 TanyHong January 31, 1981 - June 29, 1984 4 ATTORNEY GENERAL 0 Attorneys General of Hawaii Dates John Ricord March 9, 1844 - May 17, 1847 [Officesuspended May 18, 1847-August 25, 1862] Charles C. Harris August 26, 1862 - December 21, 1865; March 26 - September 11, 1866 Stephen H. Phillips September 12, 1866 - January 10, 1873 Albert F. Judd January 13, 1873 - February17, 1874 Alfred S.Hartwell February 18, 1874- May 28, 1874 Richard H. Stanley May 28, 1874 -November 5, 1875 John S. Walker November 5, 1875 - February15, 1876 William R. Castle February 15, 1876 - December 5, 1876 AlfredS. Hartwell December 5, 1876 - July 3, 1878 Edward Preston July 3, 1878 -August 14, 1880 W. Claude Jones August 14, 1880 - September 27, 1880 John S. Walker September 27, 1880 - November 29, 1880 William N. Armstrong November 29, 1880 - May 19, 1882 (Henry A. P. Carter, Acting January 17, 1881 - November 5, 1881) Edward Preston May 19, 1882 - May 14, 1883 Walter M. Gibson May 14, 1883 - December 14, 1883 0 Paul Neumann December 15, 1883- June 30, 1886 John T. Dare July 1, 1886 - October 13, 1886 John L. Kaulukou October 13, 1886 - October 23, 1886 Luther Aholo October 23, 1886 - November 14, 1886 Antone Rosa November 15, 1886 - June 28, 1887 Clarence W. Ashford July 1, 1887 - June 14, 1890 Arthur P. Peterson June 17, 1890- February25, 1891 William A. Whiting February 25, 1891 - July 27, 1892 Hermann A. Widemann July 27, 1892 - August 29, 1892 Paul Neumann August 29, 1892-0ctober 17, 1892 Charles F. Creighton November 1, 1892 - November 8, 1892 Cecil Brown November 8, 1892 - January 12, 1893 Arthur P. Peterson January 12, 1893 - January 17, 1893 William 0.
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