Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-09
TROUBLE IN HAWAII
Senate Meets in Extra Session
to Sustain Governor.
CONFLICT WITH COURTS
OFFICIALS REMOVED FOR ALLEG-
ED EMBEZZLEMENT.
A Crisis Averted by Summons to the
Higher Body Of the
Legislature.
CONFLICT WITH COURTS
pecial Correspondence of The Evening Star.

Special Correspondence Of The Evening Star.
HONOLULU, 7. H.. November 25.-With
police on guard at the Offices Of two of the
most important departments Of the terri
torial government to keep the heads or the
departments from entering their offices, the
newly elected senate of Hawaii met in ex-
ira session in the throne room Of the old
palace building last Thursday, just as Cir
cult Judge Gear gave out a decision to the
effect that Gov Dole has no power to sus-
pend officials. and issued a peremptory writ
requiring that Auditor Austin be allowed
to resume his office. The senate is expect
ed quickly to put an end to the extraordi-
nary situation that has prevailed in the
territorial government for the past three
months, by removing the officials who are
contesting the governors power to suspend
them. and appointing new ones.
Whether Gov. Dole has or has not the
power to suspend an official for cause is not
now such an important question as 1t was
before the senate was called to help him.
Power or no power, he has done 1t. Twice
Superintendent James H. Boyd made an
effort to physically force his way into his
office. and both times he was repulsed. The
second time it was only after a violent
struggle. Then like Auditor Austin whose
plea in the court has just proved legal
success, he applied to Judge Gear for a
writ of mandamus.
Austin's legal success was fruitless, how
ever. AS soon as he secured the writ from
Judge Gear he went with 1t, accompanied
by his attorneys, to the audit office. He was
met by an officer and told to keep out The
officer was acting under the orders Of the
governor. through the high sheriff. The
high sheriff and the deputy auditor to
comply, and Deputy Attorney General John
w. Cathcart filed an appeal at once. Gear
summoned the high sheriff and deputy
auditor for contempt.
A General Investigation.
The senate is making a general investi-
cation into all the departments Of the ter
ritorial government. In four messages
sent to the senators as soon as they were
ready for business Gov. Dole described the
situation as to official dishonesty, incom-
petence and malfeasance. Treasurer Wright
having fled, it was not necessary to ask
for his removal The governor asked the
senate to assist him to remove Superintend-
ent Boyd and Auditor Austin.
The attorneys for James H. Boyd are
fighting on two lines. First, they brought
suit to compel the governor to reinstate
him In the office of superintendent, on the
ground that the executive has not power
to suspend or remove territorial official
This move. except as it involves his right
to salary during the three months or so
Importance. The senate may remove him.
as the governor has asked.
A Bitter Legal Fight.
Boyd's second fight began when the grand
jury returned three indictments against
him for embezzlement, alleging five sepa-
rate entertainments of government funds
that came into his possession as an official
His leading counsel is ex-Judge S. A. S.
Humphreys who is making a technical fight
Not a legal bubble Is being overlooked
The attorneys have attacked the impanel-
ment of the grand jury. its form of proceed
ure, its indictments and the proceedings of
the court at every step. This appears to
some to indicate that the attorneys expect
to lose before jury and are leaving no
stone unturned to get all the material they
can for the higher court.
Boyd comes of very well-known Ha-
waiian family. He was in Washington
some years ago with a delegation from
present land commissioner of Hawaii
spent three months in the capital short
time ago, presenting land matters to the
departments and to congressional commit
tees. Another brother Is in the department
Of public works. Boyd is quite well off.
according to his general reputation, and
he will fight to the last ditch. He came
back from San Francisco voluntarily, after
the absconding of Treasurer Wright,
though he had at that time no advices
showing that his own department was be-
ing investigated. After his return, as
result Of conferences with the governor, he
turned over about 5000 in cash, which he
had held, money Of the department Of pub
lie works. He probably expected to be
allowed to resume charge after thus MAX
ing payments, but Gov Dole was dissatis-
fed with his explanations Of irregularities
and there were other shortages. Boyd was
arrested instead of being put back, and
Is at liberty under bail Of $4,000.
Auditor Austin is member of an equal
ly well-known family. He is white. No
criminal charges have been preferred
against him. though the governor accused
him of having drawn checks on banks
where he had no account and Of other
grave misconduct. His suspension Is asked
for on the ground Of gross neglect Of duty
and improper conduct In an official. He is
accused of attempting to borrow public
funds from other officials on I. o. US.
Hawaiians on Trial Politically.
The situation thus briefly outlined
amounts to almost utter failure of the
territorial government of Hawaii The
first effort Of the islands in self-govern-
ment under the American form has result
ed in two years of undoubted failure But
in the campaign just closed a much differ
ent future Is forecasted, though all is not
| roseate. The two main causes of the
trouble of the past two years have I'M
doubtedly been the prevalence and success
at the polls last time of royalist and race
prejudice and the bitterness of white fac
ton rows in Honolulu. The royalists
forced upon Gov. Dole the officials who
whether guilty of embezzlement or not
are responsible for shortages which do ex-
list. The legislature Is now in control Of
| republicans majority natives-and 1t
remains to be seen how they will carry
on the business before them The house
is Overwhelmingly republican. The whole
| legislature Is overwhelmingly native Ha-
| waiian. Friends of the Hawaiian say that
| he will vindicate his right to self-govern-
ment and has. in fact done SO by the vote
| of the last campaign, and If the legisIa-
| ture this time makes the good record
| that is confidently expected by all, there
| will be no further talk in Hawaii of eff
| forts to take the suffrage from him.