The Hawaiian gazette., 1902-11-21

Following closely upon the heels of
the decision in the Austin case. George
A. Davis, appearing for Henry L. Coop
er in the Boyd matter, attacked the
power of Judge Gear to grant a writ of
mandamus. He claimed that the second
Judge exceeded his authority in at
tempting to control the executive acts
of Governor Dole. contending in spite
Of the Austin decision. that the Gov
ernor did have the right To suspend
Boyd. Even granting the power of the
court 10 grant a writ of mandamus.
Davis insisted that such power was
wholly discretionary, and should not be
exercised i'm the Boyd case, where the
official kept out Of Office was under in
dictment for cmbez2ement, and it
would work public mischief to have him
reinstated.
A. $. Humphreys, counsel for Boyd,
was not present during the argument,
but his interests were well taken care
Of by Judge Gear himself who ably
presented the petitioners case in an
swer to DaVis's argument. Humphreys
appeared only at the opening and then
left the court room saying he had no
wish to make an argument.
Davis then asked that the mandamus
be dissolved, as the answer of Cooper
stood undenied, and neither Boyd nor
his counsel Were present in court. Gear
contended, however, that the answer of
Cooper did not deny the appointment of
Boyd to his office, and that consequent
ly no proof was required of him. Gear
intimated half a dozen times during the
argument that he would decide in favor
of Boyd.
p. d. kellet. Jr., was put on the stand
to prove, in addition to the allega tons
of embeZzlement made by Cooper in his
answer, that three indictments had
been returned against Boyd by the
grand jury.
The petitioner must make out his
case" contended Davis. He must be
present at the hearing and prove the
allegations in the complaint. If your
honor issues a writ of mandamus in
this case, it is simply the forcing into
the Governors Council a man who is
charged with the crime of embezZle-
ment, and who has been indicted for It,.
The statutes give the Governor the
power to suspend an official, and | con-
tend that the laws of the Republic are
still in force, and sections 66 and 6S of
the Organic Act give the executive full
power. If this power Is not here, then
Congress gave us statute which gives
the courts power to turn against the
law. If there Is no power to suspend
an official charged with embezzlement
then there Is no power here to enforce
the law. The Governor is not bound
to call the Senate in extraordinary ses-
sion; between sessions he may act
alone.
In Governor Sanford b. Dole is vest
ed almost kingly powers in his exec
utive acts, powers which no court can
control or coerce by writ of mandamus.
The Governor Is not a party to this ac-
ton, but the writ of mandamus goes
out to coerce him into placing "A man
into office indicted by grand jury and
not proved not guilty, and you are ex-
ceeding your powers in that"
IF the Governor had the power of
OBSERVATION-DISCLOSURES ..cS..c.y.y.'r
change at it's next meeting to be held
November a. 1902, the results of their
investigations together with such
statistics as they may have been able
to compile and any recommendations
they may have to make in the prem
ises.
Fourth. That further considerable
of the communication from the Mer-
chants Association be postponed until
the next meeting of the Exchange.
Fifth. That a certified copy of these
resolutions be forthwith transmitted by
the President to the Merchants Asso-
citation of Honolulu, the Hawaiian Su-
gar Planters Association and the Ho-
noulu Trades and Labor Council and
their assistance, cooperation and sug
gestions respectfully invited, in any
manner they may elect. on behalf of
this Exchange, its Committee and the
business and Industrial interests rep
resented by IL and them.
These resolutions came up as the
outcome of the debate following the
reading Of the following letter from
the Merchants Association:
Dear sir:-The Merchants Associa-
tion Of Honolulu. representing the ma
jority OF the white" wholesale and re-
tail traders Of this city, presented a
memorial to the United states Senate
Commission on Porto Rico and Pacific
Island possessions in which they petit
toned the Senators to use their best
efforts 10 have the United States laws
relative TO the admission Of Chinese la
borers so adjusted for operation I'm the
Hawaiian Islands, that Chinese labor
ers would be permitted TO enter the
Hawaiian Islands subject To the cOndi-
ton that they engage In agriculture
pursuits only; II this condition be AT
any time broken, the offender 10 be
deported from the country We laid
this memorial before the Commission
ars on the grounds that all trades and
business enterprises would be benefited
thereby, The need 81 suitable labor
for rice ana cane helds has been
brought forcibly 10 the minds of me-
rhapics ana merchants alike by the
contraction ~ business enterprise IN
eYrry direclloni large numbers of
skilled mechanics have been cons
lellrd a. leave the country from lack NJ
employment Tho Honolulu Iron
WurkH. Nhp 90 NOT employ, ana never