The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-12-12

request OF the respondent by stating
particulars Of the charges. These con-
sisted OF statements alleged to have
been made by respondent on several
occasions TO various persons (naming
them) indicating hostility and dis
loyalty TO the PROVISIONAL Govern
ment and intended and designed to
bring into contempt this Government
and its principal officers.
One of the charges was OF state.
ments alleged TO have been made on
or about April 26th last to Col. j. II.
Blount, Special Commissioner Of the
United States, which are alleged to be
malicious, untrue and misleading.
The respondent in his answer denied
each and every allegation in the in
formation. The particulars Of the
language used to Mr.. Blount were set
out in full. No witnesses were pro-
duced TO show that respondent had
made the alleged statements to Mr..
Blount, and the General
called the respondent himself as q
witness But the respondent declined
to take the witness stand in behalf of
the prosecution and claimed that he
was not compellable under the Con-
stitution and laws of this country to
give evidence against himself. And
majority of the Justices felt that as
the proceeding was of q criminal
nature in that the result might be re-
moval from office he could claim this
immunity.
Respondent was then asked by the
Attorney-General if he would admit
that he had made these statements.
Under advice of counsel he declined
to admit anything. The Attorney
General called o number of witnesses
to subStantiate the other charges
made who gave evidence and were
cross-examined. The Attorney Cen
eral having closed, the respondent
put on witnesses for the purpose Of
rebutting the evidence against him
and took the stand himself. On his
cross-examination he was asked by
the Acknowledgement what state
ments he had made to Mr.. Blount, he
having admitted that he had met
Mr.. Blount and talked with him.
His counsel objected to his answer
ing this question and we sus-
tanned the objection on the
ground that this question was not
proper on cross examination, it not
having been broughto out on the direct
examination. Later on, his counsel
having withdrawn their objection to
the question being asked, respondent
himself declined TO answer it.
The charges OF misconduct must,
therefore, rest upon the evidence of
the statements made by respondent
other than those made to Col. Blount.
1t is unnecessary to detail the evil
dence or comment upon it. We are
satisfied on q careful consideration of
it that the respondent, although ac-
tive in his support of the Provisional
Government for a short time imme-
diately after its establishment,
changed his attitude and on several
occasions denounced in violent and
bitter language the Provisional Gov
eminent and its chief officers.
We are very much impressed with
the view that this change of senti-
ment is to be attributed to his disap-
pOintment in not obtaining the Office
of Marshal, which he was led to eX-
pect would be given him.
While liberty is accorded to every
and even to express them on proper
occasions and in a proper manner as
to the policy of those in control of the
Government, yet everyone, and espe-
cially those in the employment of the
Government, il in duty bound to sup
port and be loyal to it. 1t is improper
conduct for those who hold responsible
offices under the Government and en-
joy its emoluments to use language
tending 10 disparage the Government
and weaken its authority. This is not
a question of party politics, but goes
to the very existence of the Govern
ment.
The respondent having voluntarily
continued in Office under the present
after its foundation, owes
respect and loyalty to it even if he
had not taken q solemn oath "to sup
port and bear true allegiance to the |
Provisional Government of the Ha-
waiian Islands," as in this case he |
did. This duty is obligatory upon all |
persons in the service of another, |
it be public or private in its
nature.
The result of this investigation leads |
Us to order the removal of the respond |
ent from his office of Deputy Clerk of |
the Judiciary Department and Clerk
Of the Circuit Court, First Circuit,
which is
Done accordingly.
"A. f. JUDD,