The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-08
mr., LENNON
OBJECTS
viii Fight Motion
to Disbar
Him.
DEMANDS RIGHT TO
SHOW INNOCENCE
Auditor Austin Files Answer 10
Appeal of Secretary
Cooper.

Oahu prison serving a term for gross
, cheat, has objection to being disbarred
, iE the Supreme Court of Hawaii. He
, has fled a motion asking that the Or
, der to show cause be extended to the
, March term, by which time he hopes
} to be at liberty.
} In his statement Lennon says:
The record before this court shows
that At the time of the filing of COM
PLANT or motion, and the issuing the
order of the chief justice in the above
matter, said Lennon was restrained of
his liberty and would be so restrained
until on or about February q, 1902, or
until after the date january g. 1902
the summons in this matter was re-
turnable.
Said Lennon is now, and will be, SO
far as he knows, confined in Oahu
1902
Said Lennon further states that he
is without money or property with
which to retain an attorney, and has
10 means of credit by which an attor-
ney could be retained.
The said Lennon believes that he has
a good and complete defense to the al
legged cause of action set forth in the
petition or motion, both as to the al
legged facts and the conclusions of law
a court would have to arrive at to war
rant granting the prayer set forth in
said motion.
1t is a matter of record also that said
Lennon has been lately admitted to the
bar of this court and, of course, while
| in confinement has not access to the
rules of this court.
Therefore, if proper notice of the APP
plication for an extension OF time has
not been given, such fact should be
overlooked, as all rules of court are
subservient to the chief end of the law.
to wit, that justice be done.s
| The matter stated above would have
been put in the form of an affidavit.
but in said Lemons present condition.
he has no means of doing so.
All the matter heretofore set forth,
| however, is contained in the record of
this court, or in records within coNtr
of this court. Therefore, an affidavit
would not give any greater potency to
REMARKS
A proceeding of this kind is Of vital
Importance to a member of the bar;
in fact, is the most solemn proceeding
that can in the course of law be taken
against him. His right should there
fore be jealousy guarded.
The dignity of the profession de-
mands that before party should an
swer to proceeding of this kind he
should be free from all personal re-
straint and of all actual or implied du-
ress
That he should have ample time, free
of restraint, to prepare his defense, and
to have access to the authorities.
The motion is made as therein stat
ed on an alleged record which win al
ways be in existence, SO that no delay
can injure the matter upon which the |
petitioner relies.
1t is unnecessary to say more IN this |!
regard. The members of this honorable |
court are trained lawyers, and there |
fore know the rights Of a member OF
their honorable profession, as well as
what is due their dignity in a proceed
ing of this kind.
Supreme Courts are never tinted byJ
snap proceedings, for the reason that
they never allow them
All of which is respectfully submit
ted NJ e. LENNON.
AUSTIN MAKES ANSWER.
Attorney General Dole fled an an
swer in Supreme Court yesterday for
Auditor Austin in the matter of the ap-
peal Of Secretary Cooper from his re-
fusal to issue certain warrants for cleo
ton expenses. In his answer Auditor
Austin says:
Now comes II. c. Austin, Auditor of
the Territory of Hawaii. and answering
the complaint or statement of Henry E.
Cooper, Secretary of said Territory, ad-
Inits all OF the allegations in said state
ment contained, except statement in
paragraph three that w. a Ray, f. w.
ISstep, ]. W. Moanauli and VIM. Rags
dale kamanao. by reason of the services
set forth. became entitled TO the pay
ment of ten $50 dollars each. which the
said Austin denies. And for answer to
said complaint or statement the said H.
:. Austin. as Auditor OF the Treasury,
says: That upon said 9Th day of Deem
Der. 1901. the said w. A Ray was prin- .
'ipal OF Pepaikou School, South Hilo.
Hawaii. Territory of Hawaii. drawing
IS such principal from the government
# the Territory OF Hawaii a salary of
we've hundred Cs12oW dollars per an
,um; that upon said eth day of Deem
Der. 1901. the said Z. ". Estep was prin-
.ipal of Ahualoa School. Hamakua, Ha-
vail Territory of Hawaii. drawing as