The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-22
Continued from page ID


vou had no funds. in said bank to pay
said check or any part thereof; and the
Same being drawn and issued by you to
obtain money thereon for your own per-
sonal use in your individual capacity
w. That on or about the 9Th day OF
July. 1902. you procured from one Will
liam vannatta, a public accountant re-
siding in dilo, the sum of two hundred
and ffty-ive dollars, giving therefor
your check upon bank In the city OF
Honolulu, well knowing at the time that
you had no funds ir said bank to cover
the payment Of same; and that the SAID
William Vannatta, as public account
ant, did return to the Treasurer Of the
Territory said check for two hundred
and fifty-fve dollars as a part of the
Government funds, and upon the pres
entation of said check for payment 1t
was dishonored.
". That while holding office as Au-
ditor Of said Territory you have pro-
cured money from B. H. Wright, Chief
Clerk of the Department of Public
Works, knowing that said Wright had
no means of his own and no money to
lend except public money in his official
custody, you borrowing at one time
ITOIn the Sdlu w do aAOl CSciio liz
sum of seven hundred and fifty dollars,
for your own personal use, knowing
that the same was taken from public
funds.
VI That you have from time to time
given checks to creditors in payment
of your personal debts, knowing that
you did not have funds on deposit to
honor said checks, and that said checks
Ifcho
and were dishonored.
VII That you have to great extent,
neglected to audit the accounts of the
Territorial officials throughout the Ter
ritory as by law you were required to
do; snd by reason and in consequence
of your transactions and conduct afore-
said you have so compromised yourself
as to incapacitate you for the faithful
and efficient auditing of public ac-
counts; and by reason and in conse-
quence of your neglect aforesaid to
properly audit public accounts, and of
your nonfeasance in office aforesaid,
grave defalcation has occurred in the
Department of Public Works, and the
confidence of the Territorial administra-
tior. in the correctness of public ac-
counts throughout the Territory has
been impaired.
For the foregoing reasons and in the
interest of an honest administration of
public affairs in this Territory, I here
by suspend you from the Office of Audi
tor of said Territory, pending such
answer and defense as you may see fit
to make to the foregoing statements,
charges and specifications, and such
further Investigations as may be made
relative thereto. You are hereby order
ed to turn over all books, accounts and
other records of the Office of Auditor of
said Territory to Mr.. Henry C. Meyers,
Deputy Auditor of said Territory.
(Signedy SANFORD B. DOLE,
Governor of the Territory of Hawaii.
Honolulu, T. H., Sept. 25th, 1902.
Mr. Henry C. Meyers, Deputy Auditor
of the Territory of Hawaii.
Sir Mr.. Herbert G. Austin, Auditor
OF said Territory, having this day been
suspended from said office by me, pend
ing such answer and defense as he may
SEE fit to make to certain statements,
charges and specifications of official
misconduct made by me against him,
and such further investigation as may
be had relative thereto, L. Sanford B.
Dole, Governor Of said Territory, hereby
direct you to take charge and control
of the books, papers, accounts records,
and all matters and things pertaining
to said office and to conduct the said
office, until further notice.
(Signed) SANFORD B. DOLE,
Governor Of the Territory of Hawaii.
Honolulu, T. H., Sept. 26th, 1902.
Mr.. Herbert C. Austin.
Sir In rllIrslIanca Of the charges
and specifications of abuse of authority,
misbehavior and maladministration of
Office as Auditor of this Territory, and
of the notice of suspension and suspen-
sion served upon you on the 18th day
s.of September, 1902 which said charges,
specifications, notice of suspension and
suspension are hereto annexed and by
reference made a part hereof, and are
hereby affirmed and renewed; Now,
therefore, you are further notified to
appear before me in the Executive
Chamber, upon Monday the 18th day of
September, 1902, at ten O'Clock in the
forenoon, to show cause if any you
have, why such suspension should not
be continued in force until your official
conduct as Auditor of the Territory of
Hawaii can be submitted to and acted
upon by the Senate of the Territory of
Hawaii
(Signed) SANFORD B. DOLE,
Governor of the Territory of Hawaii.
Mr.. Herbert C, Austin, Auditor.
Sir To your demand for pay of the
Auditors salary during such time as
you are suspended from office, yoU
claiming that such suspension is illegal
my answer is, that the law appears t.
be that in such a case if it SHOULD b,
ascertained that such suspension i!
illegal, the offender would be entitled
to pay for such time as he is wrongful,
prevented from exercising the duties o
the office; if the suspension is legal h
is not entitled to pay.
Respectfully yours,
(Signed) SANFORD B. DOLE.
In pursuance of my letter of Septem
Der 26th to Mr.. Austin fixing the 10Th o
September at ten o'clock in the forenoon
as a time for him to appear and shoy
cause why the said suspension Shout
not be continued in force until his off
cial conduct as Auditor should be sub
United to and acted on by the Senate
Mr.. Austin appeared with counsel a
the time and place mentioned, and sta
ted in effect through his counsel tina
inasmuch as he had already been sus