The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-03
MAY ASK FOR
MANOAMUS
Demand by Austin
For Salary
Warrant.
RECOGNITION or
HIS SUSPENSION
c. NJ. White Appointed Chief
CIerk-Public Works En-
PIOyes Get Their Pay,


A formal demand was made upon
Deputy Auditor Meyers yesterday by
the attorneys for H c. Austin for the
salary warrant for the five days of
September following the suspension of
the auditor by Governor Dole. The de-
mand was refused by the deputy audi
tor ON the ground that the. auditor had
been suspended and was not therefore
watch may now come before the courts
with petition for writ of mandamus
to compel the issuance of the necessary
warrant. Whether or not this will be
done is still question which Austin's
attorneys will not answer, though they
admit that some move will be made
within a few days. Even in the event
that the deputy auditor is mandamused,
further proceedings would be necessary
to compel Governor Dole to sign the
voucher, which by law he is required
to do The warrant for the first TWEEN
ty-five days of September during which
Austin acted as auditor has been taken
out, it having been assigned by Mr..
Austin to a third party.
| Mr.. Austin's attorneys will have to
| face a rather queer legal predicament
| if they bring suit, namely, recogni-
ton of the fact that their client is not
auditor Under the claim now made
that Austin is tstill auditor despite the
! forcible prevention of his assumption of
the duties of the office, papers would
have to be served upon Austin to COM
pei him to issue a warrant to himself
as auditor. If THIS is not done and suit
| is brought against Deputy Auditor
Meyers it Will be a legal recognition on
| Austin's part of the right of the COVER
nor to suspend him. In fact his attor-
neys have in a manner already recog-
nized the existence of the governors
authority, by making a demand upon
Meyers as auditor for the five days
salary warrant. These questions are,
however, merely technical and probably
suit will be brought within a few days
to compel action of some sort towards
recognition of Austin's claims.
In the meantime a policeman is still
on guard in the upper hall of the Capt.
toll building and any attempt at the
occupation of the auditors Office will
be prevented.
CLERK IN WRIGHTS PLACE.
Secretary Cooper yesterday appoint
ed Clarence NJ White as chief clerk in
the Department of Public Works vice
B. H Wright, suspended.
| The appointment is made temporarily
by Mr. Cooper acting under the au-
thority given him by Governor Dole as
| special agent to take charge of the de-
partment. Upon the return of Mr.. Boyd
he will therefore be at liberty to act
as he sees fit. Manuel Cook has been
| in charge of the office since the suspen-
sion of B. H Wright by Treasurer
Wright.
Mr. White was formerly cashier for
| the Oahu Railway and Land Co., but
| i'll health compelled an extended stay
in the States. He is well qualified to
fill the position.
EMPLOYEES GET THEIR PAY.
All the employees in the various
branches of the Department. of Public
Works received their warrants yester-
day, the vouchers having been APPROX
ed by Special Agent Cooper Orders
were issued also for the payment of
the warrants Immediately without wait
ing until Saturday, which is theregular
day for payment.