The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-11-14
BOYD WANTS
HIS OFFICE
MandalnuS Sued
Out Against Mr.
T.. Cooper.
prom Wednesdays daily)

on motion of ex-Judge Humphreys,
Henry l.. 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,
1902 at ten o'clock in the forenoon why
the order has not been obeyed.
The writ of alternative mandamus Is
almost identical in form with the petit
ton and 1t is in the following language:
The Territory of Hawaii-To Henry
T.. Cooper, Greeting:
Whereas 1t hath been represented to
us by the petition OF James ii. Boyd,
which petition is hereunto annexed,
that he was on the 23d day of May, A.
ID. 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
incumber 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, and that he hath
from said day up to the 29th day of
October, A. ID. 1902 held, occupied, pos
sessed and enjoyed the rights and priv
ileges and franchises to the same APP
pertaining, and that he hath from said
day up TO the 29th day of October, A.
D. 1902, exercised and performed all and
singular the duties of said office, and
that he had from said day up to the
present 10Th day of October, the pos
session, custody and control of the rec
ords, books, documents and files OF
said office; and that you the said Henry
T.. Cooper did on the said Goth day of
October. concert, combine and conspire
with other evil disposed persons, whose
true names are to the said James II.
Boyd unknown, and did unlawfully and
with force of arms exclude the said
James II. Boyd from the rooms in the
Executive building set apart for and
therefore used by the said James II.
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 intrude yourself into the said Of
flee 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 you
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 in
the premises and in violation of the law
of the land.
"And whereas ii Is represented to us
by the said James ii. Boyd, in his pc
tition that he now is and has been
ever since the said 2Srd day of May, A.
d. 1901, the duly appointed and lawful
incumbent of said 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 now such
duly appointed and lawful incumbent
of said ohioeD 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 II. Boyd, has no plain,
speedy and adequate remedy at law
gave by this process.
Now you the said Henry T.. Cooper,
are therefore commanded that you do
Immediately admit the said James II.
Boyd to the free and 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
fun and free performance of all the
duties and functions OF said Office OF
Superintendent Of Public Works, and
that you 90 desist from performing any
OF the duties OF said office and from In
any wise Interfering with or obstruct-
ing the said James II. Boyd in the per-
Torrance OF the duties OF said Office;
OF else that you show cause before me
on Tuesday the 18th day Of November
A. -, 1902, at ten o'clock In the forenoon
Of said day, at my chambers in the Jul
dietary building In Honolulu.
Hereof fail not at your peril.
GEORGE -, GEAR,
"second Judge, Circuit Court, First
Circuit Presiding