The Hawaiian gazette., 1902-11-25
1conlInu.a from rare I'd

due appreciation ~ che obngauo. e
a public officer tp th, public inter-.
and failure to aupr,herd the r.-u..-
sibns 81 one acting n a nduciary .l-
paclty in accordance with recognized
business principle.
In view Of his attitude as EXPIRE d
u hla litter. and Of his conduct in with
holding public moneys collected by him
from the office funds and his delay iu
entering such moneys in the official
books. / felt that I could not consist
emily with my official responsibility,
continue the administration of the pub
lie affairs Of the Territory, with his co..
operation as superintendent of Public
Works. and ! sent him letter on the
following day requesting his rcsigua-
ton and giving my reasons for making
such request. The following are copies
of such letter and his reply declining
to accede to my request:
Honolulu, r. H., oct. 2sth. 1902
Mr.. James H. Boyd, Superintendent Of
Public Works. Honolulu, T. II.
Sir Your letter Of October eth, in
reply to mine Of October 25th has been
received, and is regret to say, entire
ly unsatisfactory.
You have failed to answer the specific
questions ! put to you in my letter,
on the ground that they are in your
view highly improper and lead to the
belief that they were formulated in
haste and not with the due regard to
my tyour) official position and powers
AS an associate cabinet officer"
B.rnoit mn a rafpipI a.
the Government of the Territory of Ha-
wall, there Is no such body as a Cabi-
net, and consequently no cabinet Off
GERS.
AS Governor of the Territory and
responsible for the faithful execution
of the laws of the United States and Of
the Territory of Hawaii within the said
Territory" | feel that / must usa my
own judgment as to the form of ques-
tons to be asked for the purpose Of OBJ
tanning information in regard to the
state Cf the public accounts and the
conduct of my subordinates.
In relation to the three thousand dol
lars received by you from Messrs. T. H.
Davies e Co.. your verbal statement
made after the receipt of your Letter,
that two thousand five hundred dollars
VI NlllS dlll'uill WIS utDpSllth WIN
Messrs. Spreckels Il Co, and that the
balance of five hundred dollars was
placed in the safe under your personal
control in the Public Works Office with
a tag explaining the status of this fund
ana referring to the balance deposited
with Sprackels & CO., substantially
covers my specific questions relating to
the same. Your statement, however,
4 r
deposit by Messrs. Il. II. Davies x Co.
found its incipiency and approval at a
cabinet meeting the minutes whereof |
respectfully refer to YOU" is not borne
out by the minutes referred to, which
are as follows: Mr.. James II. Boyd read
communication from II. IL. Davies &
Co asking to be allowed to give up their
lease to lots No. 522 and 523 in TilO and
Offering as compensation, to do $1,000
worth of street work in Hilo or give
this amount of money. The meeting
recommended that the street work
| proposition be accepted"
| take pleasure in making acknowl-
edgment that this three thousand dol
lars has since been paid into the Pub
lie Works Office. and also of the receipt
by the Public Works Office at about the
same time from you of two thousand
nine hundred and ninety-fve dollars on
account of land sales, which had not
been previously entered in the books of
the Office, and three hundred and twelve
dollars and thirty cents as interest on
deferred payments.
1t Is still necessary that a detailed
account be furnished by you of this
| money paid in on account of land sales.
While your action in the payment of
these amounts was the best thing pos
sibe for you to do under the circum-
stances and will go far to produce a
sentiment of leniency toward you in the
public mind, | do not feel that ii is in
any sense an eXtenuation of your con-
duct in Withholding public funds coll
. leoted by you as an officer of the gov
"rnm"nt and failing to enter them in
the public accounts.
| take note of your explanation in
regard to the moneys received by you
from Mcssrs. T. IL. Davies Il Co. and
allow all reasonable consideration in
your favor in this case; but the deposit
Of portion Of these funds in your
private bank account with Messrs
Spraokels n CO. was. from my point of
'I'W, matter of grave improperly
under the circumstances.
tn" matter of the retention of the
funds received from land sales and the
failure To enter same I'm the books OF
your office, is a still more serious breach
"i public trust and was wholly iEcon-
s,S'ont with any reasonable theory Of
your duties and responsibilities as u
public officer.
While therefore, | appreciate your
action bon facing the situation and doing
What remained Tor you tu do In the
natter my own responsibility 10 the
Government Of the United states and
Nlr public interests uf this Territory,
Tor lAr faithful execution OF tn laws
"nd tho strict administration of the
public funds. makes Il impossible for
BOB" 60 overlook your conduct aud fur-
lh'r recognize your official authority;
] therefore, with SINGER. regret. ak fur
l"uF immediate resignation II thu Of
h'r "i Superintendent of Public Works.
Very respectfully
'0.t."ll fAhFuNu ~ DOLE.
IN