The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-11-28
WRIT WAS
ONLY A COPY
New Service May Have
To Be Made by
Austin.

Deputy Auditor Meyers and High
sheriff Brown by Gears bailif. Ellis. is
a most peculiar document The writ is
endorsed on the return as being the orig
inal, which Judge Gear held was re-
quired to be served by showing to the
parties affected.
The writ itself however does not bear
out the endorsement as to it being an
original. The document is much mark
ed and scratched. 1t is not only not
,he original writ signed by Judge Gear
but is hardly a true copy and the SER
vice will quite likely be invalidated a
second time.
1t will be remembered that II. c. Aus
tin asked for a writ OF mandamus di-
recting +. p. Dole as Attorney General,
a. NJ. Brown as High Sheriff and II. c.
Meyers as Deputy Auditor, to restore
him to his office as auditor of the Ter
ritory. This application was demurred
to and Judge Gear overruled the same.
on the goth of November a peremptory
writ was issued to the respondents
which was served by one of Austin's at
torneys, Mr.. c. w. Ashford. This not
being obeyed the respondents were cit
ed and charged with contempt of court;
the service Of the writ not being legally
made, the contempt proceedings fell
through, but Judge Gear still held to
the carrying out of his mandate, not
withstanding an appeal has been taken
to the Supreme Court and notice of the
same given to petitioner.
! The files now show what appears to
be deliberate tampering with the pa
pers in the case. There are now two
original writs, at least the first one is
not in sight, and the one returned Nov.
26th, after service by Bailf Ellis,
shows it to be a carbon copy which
was first served as true copy of the
prior original writ upon II. G. Meyers;
this was annexed to Mr.. Meyers return
as Exhibit A." it also has Mr.. Cath
carts pencil memorandum "22 Wis.
49," evidently referring to a case upon
the subject of legal service of such
writs. 1t also has the following notes
in Cathcart's handwriting: Handed to
Meyers 1905 p. m, Nov. 20, 1902, by
Ashford; no original shown to him and
no demand made on him by Austin; de-
mand made by Robertson" In an effort
to make 1t original, the copy Is signed
by Geo. ID. Gear" upon the face of
the writ, his copied name struck off,
and the certificate of one of the court
officers, Henry Smith, is scratched off;
: clerk j. A. Thompson also signs the
writ, whereas previously his name was
typewriter, and he also attaches the
seal Of court. To make 1t worse than
chaos, as the Supreme Court will now
be asked to pass upon the case, this
copy now purporting to be the original,
is dated the 10th of November, whereas
on that date the document was a mere
copy of the original which Is not now
with the files or If still with the files
there are then two originals which will
have to be passed upon by the appellate
court. The first original was mounted
with two dollars in revenue stamps
whereas the second original is not so
mounted, and is therefore insufficient
In law to be used as evidence. AS
matter of fact this second original,
though having the date of the first writ,
was not issued until the goth of Novem-
Der, served the same day and returned
the same day by Bailif Ellis, who
styles the carbon copy as an Original"
which makes two originals, although
there can be but one according to law.
<<<t+<<+<<<<+<t<<<<<<<
poses, all these publications were offer
ed for sale.
or the Department of technology, the
trustees report: "Mr. j. w. Thompson
has accomplished most satisfactory re-
suits in this most important branch OF
the Museum, a great many casts OF
Hawaiian fishes having been made and
artistically painted to represent the
actual colors of the various and beau
tifully marked FISH found In these wa
tiers. Mr.. Thompson has also discoy-
cred several species OF fish said to be
new to science. II Is expected that the
work OF this department will form
very interesting and instructive part Of
the exhibits in the new Hawaiian
Hall"
Visitors during the year numbered
$40, divided as 20 nationality as fol-
lows, Whites, i,O7l; Hawaiians, 1888;
Portuguese 3Ss; Chinese, LIZ; Jap
anese Isl, and others, 90
There have been a number Of recent
changes in the Museum stan, but as
constituted at present II is' william
" Brigham, directors william H. Dali
honorary curator Of m0llusca William
Allanson Bryan, taXlderm.ti Alvin
Scale, orniln0ogisti John W ThQmp-
son, icthyologisl Assistant @, NJ,
Cooke, Jr, since October !, lnl2' John
y. q, Stokes Leopold q, lIackman,
since July 10, 1909 Il. g Geer, since
n.t.I.r 4 lluu