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

this Territory, and intimated your de-
termination to suspend me from said
office, in the event that I should refuse
or neglect to resign; and in view of that
intimation, and of any possible attempt
on your part to put into execution the
intimation therein expressed, I have to
submit as follows:
The measure of your authority in the
matter of suspension is Section of the
Audit Act (Act 80, Session Laws of
1899, and, until those requisites have
been complied with, you have no right
to suspend, or to attempt to suspend
me from my said office.
The provisions of that section clearly
show, as a prerequisite to the exercise
of your power of suspension, that I
must have offended in some one or
more of the particulars therein set
forth as a ground of suspension. 1t is
obvious that no such fault can be pre-
sumed against me; it must be regularly
and formally found to exist, and such
finding can be arrived at only as the
result of:
(A) formal confession on my part,
which has not been made.
/ {B) Charges and specifications, set
ting forth such facts as constitute one
or other of the causes of suspension
therein set forth.
(C) An opportunity for me to be
heard in defense of such charges and in
reply to such specifications, both as to
their legal effect, if true, and as to the
immateriality of any thereof, in other
words, an opportunity to either demur,
or plead, or both.
CD A fair and impartial trial of
either, or both, the law and facts which
may be involved in such specifications.
(E) Following such fair and impair
tial trial, formal finding, upon the
evidence adduced, of such facts as, in
point of law, constitute such offense or
offenses as is or are contemplated by
said Section 8.
When either the conditions mention
ed in paragraph "(A)" as above, shall
occur; or in the alternative when all
the conditions mentioned in paragraphs
"(B)" to "(E)" inclusive, shall occur,
then, and not until then, will your au-
thority 10 suspend me be complete; and
then, will be premature on your part,
illegal, and will be met with all the
resistance l can oppose to it.
hNSliA II lily uu(J " IHuS ctQNiSt yOd
of my views upon this matter, arrived
at as the result of much consideration,
and supported by the advice of coun-
sel-in order that you may possibly be
deferred from an act which, if attempt
ed, might lead to violence, and other
unhappy consequences.
l have the honor to remain, Sir,
Your obedient servant.
(Signed) H. C. AUSTIN,
Auditor, Territory of Hawaii.
Honolulu, T. H, Sept. 25th, 1902
Mr.. Herbert c. Austin, Auditor of the
Territory of Hawaii.
Sif:-Whereas I, Sanford B. Dole,
Governor of said Territory have re-
quested your resignation as Auditor:
And whereas, you have asked me for
a written statement of my reasons for
requesting your resignation, and for
written charges or specifications of Of
fetal misconduct:
Now, therefore I, Sanford B. Dole,
Governor of said Territory, hereby pre-
sent the following reasons for request
ing said resignation, and the following
charges or specifications upon which
said request is founded:
l. That in the latter part of August,
1902, you applied to and requested c. f.
Chillingworth, Deputy High Sheriff of
said Territory, to loan you for your
personal use the sum of two hundred
and fifty dollars of the public funds
collected as fines and costs by the said
Chillingworth in his official capacity
aforesaid
II. That on or about the second day
of September, 1902. you applied to and
requested the said Chillingworth TO
loan you for your personal use the sum
of two hundred dollars from public
funds collected as fines and costs by
said Chillingworth in his official ca
pacity as aforesaid.
III. That ON or about the 9Th day Of
July, 1902, you passed a check for up
wards of seventeen hundred dollars,
drawn by yourself in favor of Henry c.
Hapai, Registrar of Public Accounts of
the Territory of Hawaii, said check
being drawn on the First Bank OF Hilo.
Continued on Page p.