The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-24
CARRIED
OUT HIS ORDERS
MANDAMUS CASE OF AUDITOR
AUSTIN GOES OVER FOR A
Observation-Disclosures BUTTS IN.

Auditor Austins suit to recover con-
troll of his office and secure writ of
mandamus to prevent the Attorney
General from keeping him out of office,
as ordered by the Governor, came up
before Judge Gear this morning but
was postponed for week. on motion
of c. w. Ashford, counsel for Austin.
Humphreys, Thompson ~ Watson We're
placed on record as associated with
Ashford in the case. Deputy Attorney
General John w. Cathcart and Assist
ant e. a. Douthitt appeared in behalf
of the Attorney General, ana a return
was filed to the alternative writ issued
by Judge Gear.
After admitting Austin's appoint
ment and qualification as Auditor of
the Territory, the return continues with
he following allegations:
Respondents allege that on the 10Th
day of September, 1902 Sanford b.
Dole, Governor of the Territory of Ha-
wall, by virtue Of the authority in him
vested by law, suspended the said pc
titioner Herbert 9. Austin from the
office of Auditor of said Territory for
good and sufficient cause, and statu-
tory cause, to his satisfaction shown
and proved, and to him confessed BY
the said Austin.
there notified the said petitioner in
writing, of such suspension and of the
reasons thereof, and of the charges
wherein said Governor had acted.
That thereafter and on the 26th day
of September, 1902, the said Governor
notified the said petitioner Herbert G.
Austin to show cause, if any he had,
why such suspension should not be
continued in force until his official
conduct as Auditor of the Territory of
Hawaii could be submitted to and act
ed upon by the Senate of the Territory
of Hawaii; and appointed as the time
and place for said hearing the 18th day
of September, 1902, at 10 o'clock in the
forenoon of said day at the Executive
Chamber.
THAT, pursuant to the notification
last referred to, said petitioner appear
ed before the said Governor at the
time and place set, and thereupon said
Governor offered to produce before said
petitioner the witnesses to the facts in
the charges hereinbefore referred ia
and to introduce the testimony in sup
port thereof; that the said petitioner
declined and refused to be present up
on the examination of such witnesses
and declined and refused to hear such
testimony, and then and there declined
to show any cause why the said sus-
pension should not remain in force
and claimed that he was not, and, un-
der the law, could not be, legally sus-
pended from said office.
=. That the said petitioner Herbert G
Austin declined and refused to comply
with the order of said Governor made
on the 25th day of September, 1902. sus-
pending said petitioner as aforesaid;
and declined and refused to vacate The
rooms set apart for the use of the au-
diting department of said Territory
ana persisted in retaining the Office
and functions thereof from which h,
, had been suspended; and thereupon, OF
, the 9th day of September, 1902, saiC
Governor ordered and directed the re
, Spondent Edmund n. Dole, as AttOr
ney General of said Territory. to Sc
that the order of suspension was dul,
, executed; and in that behalf the re-
SDondent Edmund =. Dole as AttOrne.
: General and Ex-DffiGio head of the PO
: lice Department of said Territory, i'm
s1ruoted the respondent Arthur NJ
Brown, as High Sheriff, to station
police officer at the door of the Oftict
f of the Auditor to prevent said petit
, toner Herbert .. Austin from retain
= ing and exercising the functions of tn
, office from which he had been so Sus
pended; and the said respondent Ar
a thur NJ. Brown, as High Sheriff, Obeye
said instructions and stationed a pO
: lice officer for the purpose aforesaid
that the respondent Henry G. Meyers
p by direction of the Governor of tn
Territory of Hawaii, mpon the suspen
sion of the petitioner Herbert c. Aus
tin, assumed and has continued to per
form all the duties and functions of tn
q said office,
! That said respondents in all Of thei
aGts and doings in the premises haV
been subject to and have obeyed In
: orders of the Governor of the Terri
tory of Hawaii