The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-12
BOYD WANTS
HIS OFFICE
Mandamus Sued
Out Against Mr..
Cooper.
HUMPHREYS GETS
ORDER FROM GEAR
Alleges Tha. Cooper Has Been
Conspir ng With Other EVIL
Minded Persens."

On motion OF eX-JuQSS huHlpnISSS :,
Henry Z. Cooper was yesterday ordered
by Judge Gear to turn over the office OF
| Superintendent of Public Works to
| James H. Boyd and desist from per-
forming any of the duties of said Of
flee or show cause on November 18th,
1862 at ten o'clock in the why
| the order has not been obeyed.
The writ of alternative mandamus is
| almost Identical in form with the petit
| ton and it is in the following language:
The Territory of Hawaii-To Henry
E. Cooper, Greeting:
Whereas it hath been represented to
us by the petition of James H. Boyd,
which petition is h%ereunto annexed,
that he was on the Esd day of May, A.
d. 1901, by the Governor of the Terri
tory of Hawaii nominated and by the
said Governor by and with the advice
and consent of the Senate of the Ter
ritory of Hawaii appointed to fill and
incuEnber the office of Superintendent
of Public Works of said Territory, and
that he did on said day, duly qualify
as such superintendent of Public Works
and that he was thereupon duly induct-
ed into the said office, n that he hath
from said day up to the 18th day OF
October, A. D. 1902 held, occupied, pos
sessed and enjoyed the rights and priv
ileges and franchises to the same ap-
pertaining, and that he hath from said
day up to the 29th day of October, A.
d. 1902. exercised and performed all n
singular the duties of said office, n
that he had from said day up to the
present 18th day of October, the pos
session, custody n control of the rec
crds, books, documents and files of
said Office; and that you the said Henry
E. Cooper did on the said 29th day of
October, concert. combine n conspire
with other evil disposed persons, whose
true names are to the. said James H.
Boyd unknown, and did unlawfully and
with force of arms exclude the said
James H. Boyd from the rooms in the
Executive building set apart for and
therefore used by the said James H.
Boyd as superintendent of Public
Works, and did then and there unlaw-
fully and with force of arms, prevent
said petitioners entry into the said
rooms and did prevent his access to the
books, records, documents and files be-
longing to the said office and did then
and there deprive said petitioner of the
custody Of and control, over said books,
records, documents and files, and did
then and there ~unlawfully and with
force of arms, prevent said petitioner
from the. enjoyment of the privileges,
franchises and rights of said office and
from performing the duties and func-
lions thereof; and that you did then and
there unlawfully and with force and
arms lntrude yourself into the said Of
ice of Superintendent of Public Works,
and did then and there unlaWfully
usurp and appropriate to yourself the
privileges, rights and franchises of said
office of superintendent of Public
Works and that you still DO usurp all
and every the rights, privileges and
franchises of said Office; and that o
are now assuming to perform the duties
and functions of said office to the great
injury OF the said petitioner and in
contravention of his lawful rights Ill
the premises and in violation of the law
of the land.
And whereas it is represented to us
by the said James H. Boyd, in his Pc
tition that he now is and has been
ever since the said 23rd day of May, A.
d. 1901, the duly appointed and lawful
incumbent of sal office of Superintend-
ent Of Public Works (the following
words in the original order presented
are crossed cut by the clerk in the writ
as signed and that he is nov such
duly appointed and lawful incumbent
of said ofiice) and that he is by the
law of the land entitled to enjoy all the
privileges. rights and franchises of
said office and to exercise and perform
the duties thereof.
And whereas it is further represent
ed to US by the said petition, that the
said James H. Boyd, has no plain,
speedy ana adequate remedy at law
save by this process.
Now you the said Henry E. Cooper,
are therefore commanded that you do
Immediately admit the said James H.
Boyd to the free inc full access to and
to the custody and control of the rooms
and office of the Superintendent of Pub
lie Works, and that you do surrender
to him the custody, control and pos
session of all and every the books, rec
ords, documents and files of the said
office and that you do admit him to the
full and free performance of all the
duties and functions of sail office of
superintendent of Public Works, and
that you co desist from performing any
of the duties of said Office, and from III
any wise interfering With or obstruct-
ing the said James H. Boyd in the per-
farmance of the duties of said office;
or else h a you show cause before me
on Tuesday the 18th day Of November.
\. D. 1902. az ten o'clock in the forenoon
of said day. at my chambers in the Ju-
dietary building in Honolulu.
Hereof fail not at you peril
GEORGE D. GEAR.
second Judge, Circuit Court, First
Circuit Presiding.