The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1902-09-29

1
communication of September 25th,
above acknowledged.
Second-If, by any chance, ] have
erred in my construction of the law,
as set forth in the preceding para
graph, you are still bound by the terms
Of the Audit Act, in respect of any
suspension in this behalf. Being so
bound, your acts will be legal only as
they conform to the intent of that Act.
| The language of that Act is very plain
| to the effect that the Auditor can be
suspended only for certain faults
therein specified; which obviously i'm
rlies that he must be shown to be gull
ty of some one or more of such faults
before your right of suspension can be
called into exercise. Such suspension
being by that Act provided as a pen
atty for such faults, or any of them, it
follows that the penalty cannot be i'm
posed until the fault is established
1t should not be necessary for me TO
remind you that persons, or an Off
cial's, guilt is not established by the
fact of the preferment of charges
against him. 1t requires a hearing or
trial, which should be had only upon
due and reasonable notice to the ac-
cused-the adducing of evidence in
support of the charges, with oppoitu.
fence, before his guilt can be estab-
| lished in such a sense as to call into
| play the right of the Government, or
of any official thereof, to visit upon
the accused any penalty whatever
You will pardon my assertion in this
place OF truths and principles of law
SO elementary and obvious as the
foregoing, but your departure from
those principles, in your attempted
| suspension of me without hearing or
opportunity for defense, must be my
excuse for recalling your attention to
these landmarks of personal liberty
and official obligation.
Third-Your assumed suspension of
me from my office as Auditor was en-
acted without your having first ap-
prised me of the nature Of the charges
which you prefer against me; and with
| out your having cited me to answer.
Or having given me any opportunity
20 answer the charges upon which you
BASE your assumed suspension of me
rom office; wherefore it must be OBJ
yious to you (as it certainly is to mel
chat you have acted outside the law
without legal warrant and that your
action, in assuming to suspend me, is
nullity.
FOURTH am cited to show cause
| why this act of yours, above shown
o be nullity, should not be "contin-
| aed in force" | respectfully submit
that a nullity cannot be Continued in
.orce," and therefore see no occasion
Tor me to show cause, further than
have already done, in this paper.
Appealing to the law under which l
hold nv commission as Auditor of this
Territory, having been duly and regu-
lurly appointed, confirmed and com
missioned in the premises, | claim that
my right to the full and free exercise
OF my official functions, and to the full
and unrestrained command and Gus
,ody of my office, and Of the books and
records thereof, and of the employees
engaged in my said office, is at tne
present time as full and complete as
before the receipt by me of either of
your communications herein acknowI,
edged, But you, sir acting without
.egal warrant, have seen fit to employ
he police of this city to forcibly OK,
clude me from my said office, and from
he due, or any, exercise of the duties
hereof. Ready, as / am, apd shall be,
at all times, to respond to legal in
structions, snd to obey the law, as an
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