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

Messrs. Theo. H. Davies & Co. and
the Government that it should be paid
| in as government realization" The
amount is available at moments no.
tice and in passing 1 beg leave to say
| that the construction of the work and
deposit by Messrs T. H. Davies & Co.
found it's incipiency and approval at a
cabinet meeting. the minutes whereof
I respectfully refer you to.
To the second question, 1 have to say,
that the words spoken to you, Sir, by
me must have been very greatly mis-
understood from the construction pre-
scented in your letter. Moneys received
from land sales have all been entered
but, as the final payments on the sales
had not been completed the account re-
manned open. 1t had been my intention
to have had payments all gone carefully
over and checked before making the
final deposit with the Treasurer and
had laid out this as part of the un-
completed work to be finished by me
on my return from the coast, as 1 had
had no premonition of any evil hap
peningS. l believe the word ''restitu-
tion," used in one of the Sub-QueStfons,
demands passing notice and / re-
spectfully present, Sir, that the use
thereof is inapplicable to any official
transaction of mine, as all the moneys
belonging to the Government of the
| Territory of Hawaii, have neither been
given nor taken by me for other than
| purposes legal and lawful and the sums
coming within my personal keep as
| Superintendent of Public Works are
open for inspection and for proper dis
bursement; 1 consider that the word
was inadvertently used and therefore
subscribe myself.
Very respectfully,
| (Signed) JAS H BOYD,
Superintendent of Public Works.
| On the same or the next day Mr.
Boyd paid in at the Office of the Public
Works Department $4,000, representing
the money referred to above received
| by him from Messrs. Theo. II. Davies &
Co. and also 1896 stated by him to be
on account of land sales, and also S231.-
! SO, stated by him to be on account of
| interest on deferred payments. The
| item of 81, 995 was for collection on &C
count of land sales received by Mr..
Boyd during the months of April, 1901,
and February, 1902. The transaction of
| April 1901, was an account of receipt
from Mrs. Rose of $500 which appears
to have been entered in the cash of
October 9th, 1902.
In connection with the payment of
the Theo. II. Davies & Co. fund of $4,000,
| Mr.. Boyd verbally informed me that
s2500 of this amount had been deposit
] ed with Messrs. SpreckeIs & Co. and
that the balance of $500 had been placed
in the safe under his personal control
in the Public Works office with a tag
explaining the status thereof and re-
| ferring to the balance deposited with
| Messrs. Spreckels & Co.
Mr.. Boyd's reply of October 9th, was
most unsatisfactory for these reasons:
it declined to answer the questions of
my letter of October 25th relating to the
moneys received from land sales, not
deposited in the Public Works Office,
nor entered in the official books; 1t eX-
hibited as it seems to me, want of
due appreciation of the obligations of
a public officer to the public interests,
and a failure to apprehend the respon-
sibility of one acting in a fiduciary ca
pacity in accordance with recognized
business principles.
In view of his attitude as expressed
in his letter, and of his conduct in with
holding public moneys collected by him
from the office funds and his delay in
entering such moneys in the official
books, felt that 1 could not consist
emily with my official responsibility,
continue the administration of the pub
lie affairs of the Territory, with his CO.
operation as Superintendent of Public
Works, and 1 sent him a letter on the
following day requesting his resigna-
ton and giving my reasons for making
such request. The following are copies
of such letter and his reply declining
TO accede to my request:
Honolulu, T. H, Oct. 2Sth, 1902.
Mr.. James H. Boyd, Superintendent OF
Public Works, Honolulu, T. H.
Sir Your letter of October 9th, in
reply to mine of October 25th has been
received, and is 1 regret to say, entire
. ly unsatisfactory.
You have failed to answer the specific
questions 1 put to you in my letter
: on the ground that they are in your
view highly improper and lead to the
belief that they were formulated in
haste and not with the due regard tc
my (your) official position and powers
as an associate cabinet officer"
Permit me to remind you that under
the Government of the Territory of Ha.
wall, there is no such body as a cabi.
het, and consequently no cabinet off.
| GERS.
As Governor of the Territory ant