The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-30
BOYD ARRESTED ON CHARGE
or EMBEHLIAG
LARGE CHECK
CONTINUED from Page L,

''Sec. g. That the governor shall be
responsible for the faithful execution
of the laws of the United States and
of the Territory of Hawaii within the
said Territory, and whenever it be-
comes necessary he may call upon the
commanders of the military and naval
forces of the United States in the Ter
ritory of Hawaii, or summon the posse
comitatus. or call out the militia of the
Territory to prevent or suppress law
I1ess violence, invasion, insurrection, or
in case of rebellion or invasion, or i'm
minent danger thereof, when the pub
Tic safety requires it, suspend the privi-
Iege of the writ of habeas corpus, or
place the Territory, or any part there
of, under martial law until communica-
ton can be had with the President and
his decision thereon made known.
"Sec. IS. That all the powers and
duties, which, by the laws of Hawaii,
are conferred upon or required of the
President or any minister of the Re
public of Hawaii (acting alone or in
connection with any other officer or
person or body or the cabinet or exec
utive council, and not inconsistent
with the constitution or laws of the
! United States. are conferred upon and
required of the Governor of the Ter
ritory of Hawaii, unless otherwise pro-
vided."
] In the Austin case it has been con-
tended, as will be done in the Boyd
matter, that the Organic Act provides
for the appointment and removal of
these officers only with the advice and
consent of the senate" On the other
| hand, it is claimed that the session
laws of 1897 gave the President the
right of removal with the consent of
! three cabinet officers, and the Organic
Act conferred these powers on the gov
ernor. 1t seems to be the impression
! that if the Organic Act did not permit
the removal or suspension of public
official guilty of malfeasance in Office,
| there should be an amendment, for,
taking the strict construction of the
law, even Treasurer Wright, who con-
fessed to the theft of $4,000, could not
! be removed and might have continued
in possession of his Office, despite
criminal prosecution.
| CRIMINAL CHARGE IS PRE-
FERRED.
Shortly after noon yesterday Deputy
| Auditor Meyers swore to a complaint
before District Magistrate Wilcox,
charging James H. Boyd with the en-
bezzlement of $3.50 of government
funds and a warrant was Immediately
| issued for his arrest. Boyd was ar
rested, but released upon giving bail
in the sum of $4,000 His bond is
signed by Kuhio Kalanianaole, L. L.
McCandless and E. C. Winston.
The complaint is as follows:
Henry c. Meyers, Deputy Auditor,
Territory of Hawaii, being first duly
sworn, says:
That James H. Boyd of Honolulu,
Island of Oahu, Territory of Hawaii,
occupying the position of Superintend-
ent of Public Works of the Territory
of Hawaii, and as such being an en-
ploye of the government of the Terri
i tory of Hawaii, and as such Superin-
tendent Of Public Works being entrust-
ed by said government with the pos
| session, custody and control of monies
belonging to the said government de-
posted with him, the said James H
Boyd, Superintendent of Public Works
aforesaid, in the Department of Public
Works of the said Territory of Hawaii,
did, on or about June 10th, A. D. 1902,
at Honolulu, Island of Oahu, Territory
of Hawaii, feloniously and fraudulently
t<o
ment of Public Works of said Territory
of Hawaii, certain monies, to-wit, the
sum of $780, Of the value of 81. $50 the
same being the property of the said
government of the Territory of Hawaii,
and did then and there wilfully, feloni-
ously and fraudulently convert and ap-
propriate the said money, to-wit, 81 $50
to his own use and benefit, contrary to
/ Section 15S of the Penal Laws, of 1897
of the Territory of Hawaii.
! Subscribed and sworn to before me
| this 29th day of October, A D. 1902.
/ w. L. WILCOX,
District Magistrate of Honolulu, Oahu.
! (Signed.) HENRY C. MEYERS.
! Deputy Auditor, Territory of Hawaii.
The specific embezzlement charged
against Boyd in the complaint is alleg-
ed to have occurred on June 10. 1t
is entirely separate and distinct from
the two irregularities previously re-
ported and because of which Mr.. BOYD
paid some $4,000 to the government.
The sum mentioned in the complaint
was paid over to Boyd by DR.. C. B.
cooper in land exchange on June
1O, according to statements made yes
terday by government officials. The
check was drawn on Bishop G. Com
pany's bank by DR.. Cooper, payable 10
j. H. Boyd, and was cashed by him, it
is stated, though there was found no
record of the transactions on the
books of the Office. The money was