The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-30
.DELUGE YET TO CONE
CONTINUED from page one)

CONTINUED from page oneJ
are a subject of rumor into which the
jury will inquire.
This morning there We're police on
guard at the Public Works office, as
yesterday. Two officers in uniform
guarded the entrance to the supernten-
dents office and up stairs another Off
Ger was on duty to keep Austin from
entering the office of auditor. Superin-
tendent Boyd drove past at about $50
the hour when he made his first effort
to get in yesterday but he contented
himself with looking at the building
and it's guardians from afar. Jimmie"
seemed to be in cheerful mood, and
waved his hand at friends as he pass
ed.
Public interest now centers largely
on the question of the powers of the
governor to suspend an appointee such
as the superintendent of public works.
1t is said that Attorney General Dole
takes the view that the executive has
not such power. Attorney General
Dole declines to discuss the law of the
matter, or express an opinion, but it IS
known that the governor acted without
him. in giving orders to the police to
keep Boyd out of his office.
I The Organic Act of Hawaii is SAID by
attorneys to be a most unusual enact
ment in the matter of the power 81 the
Governor over his appointees between
sessions of the legislature, in that it
I contains no direct provision giving MIN
the power to suspend a public official
who may deserve suspension If such
| power exists, it is claimed under the
section which gives the Governor all
| the general powers held by the PrcSi-
| dent of the Republic of Hawaii the
! Cabinet and the Cabinet ministers. The
ministers had power to remove officials,
! but the matter OF removals is covered
| in another section of the act, which re
| Quires the consent of the Senate. There
is much difference Of opinion among
! attorneys as to whether Dole has the
! power If such power is lacking the
| situation is most extraordinary, say
| the lawyers, for here might be al adj
mitted embeZZler in office for some time
| "a week at least, for the senate could
not he called together in less than that
| time.
The case of Austin against Dole was
postponed for one week this morning
by Judge Gear, owing to the death of
! the father of c. w. Ashford, one of the
counsel in the case. This is Austin's
suit for a writ of mandamus, compell-
ing the Attorney General and High
Sheriff to allow him to resume charge
of his office and the argument may
cover to an extent the same grounds a
| will be covered in the case of Superin,
tendent Boyd, as to the power of tn
Governor to suspend the Auditor Thf,
is a special provision in the audit act
| however, which makes Austin's cast
somewhat different from that of Boyd
The povisiOns of the organic act
said a prominent local member of the
bar, are different from the genera
rule in such matters. For instance the
President of the United States makes
appointments by and with the consent
of the senate but he may summary
remove those whom he so appoints
whenever he chooses to do so, withou
consulting the senate or giving any
reason for his action. In the case a
Hawaii, | think the Organic act take
away the power of the governor to d,
, this
Within a few days an application will
be made by Humphreys, Thompson anC
Watson, for a writ of mandamus, t
compel the governor to allow Boyd L
resume his office, and the question vii
then be tested.