The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-27
Meanwhile Holds
Place at His
Office.
Authority to Act Has
Been Taken From
Him.

Auditor Austin will be given a hear
ing on Monday morning at which time
he will have an opportunity to defend
himself from the charges preferred by
Governor Dole. The Governor yester-
day sent notice to that effect to Mr..
Austin. who in the meantime continued
to occupy his Office in the auditors
office. No attempt was made to GUST
the suspended official through the use
of force yesterday though Mr. Austin
was deprived of whatever official func-
tions he might try to exercise through
an executive notice, directing ether of
ficials and the public generally to recog-
nize only Mr.. Meyers as auditor.
No demand was made upon Mr. Aus
tin yesterday to reliquish his office, the
notice of the hearing which was served
upon him yesterday being in effect a
tacit admission of his right to demand
trial, though still insisting on the pow
er OF the Governor to suspend him
pending such trial.
The letter which was given to Mr.
Austin yesterday afternoon contained
the following;
September 26th, 1902
Herbert c. Austin.
\
specifications of abuse of authority,
misbeifayior, and mal-administration of
Office as Auditor of this Territory and
of the notice of suspension and sus-
pension served upon you the twenty
fifth day of September, 1902, which said
charges, specifications, notice of sus-
pension and suspension are hereto an
nexed, and by reference made part
hereof and are hereby affirmed and re-
newed; now therefore you are further
notified to appear before me in the
Executive Chamber on Monday the
twenty-ninth day of September 1902, at
ten o'clock in the forenoon to show
cause, if any you have, why such sus-
pension should not be continued in
force until your official conduct as
Auditor of the Territory can be sub
mitted to and acted upon by the Senate
of the Territory of Hawaii.
SANFORD B. DOLE.
Governor of the Territory of Hawaii !
AUSTIN SAYS HE IS READY.
Il received notice of the hearing be-
fore the Governor this afternoon" said
Mr. Austin shortly after the above no.
tice had been served upon him, "and
l shall appear Monday morning with a
good and complete defense to these
charges. My counsel will accompany
me and an answer to each of the
charges will be presented to the Gov
ernor on Monday morning. I contend
that the hearing should have been held I
and that be given an opportunity to I
answer. before being adjudged guilty
and punished. This was what has been
done, was suspended before being Civ
en- any chance to be heard in my own
defense. as is required by law.
SENATE FINAL JUDGE.
The hearing to be given the auditor is
not specifically provided for by the
statutes, and there has never been a
Civil Laws of 1897 however makes the +
Senate the final judge of the action of
the Governor Section 695 says:
THE Auditor shall be appointed by
the President (GovernoD on the nomi-
nation of the Minister of Finance
(Treasurer). and shall hold office during /
good behavior. provided nevertheless, I
that the President with the advice of
his Cabinet Councii, may remove any |
Auditor General upon the address of
the Legislative Assembly. Provided
also, that at any time it shall be lawful
for the President (Governor) with the
advice aforesaid to suspend the Auditor
from his Office for incompetency or mis-
behavior, and when and so often as the
same shall happen, full statement of
the cause of such suspension shall be
laid before the Legislative Assembly, I
if it be then sitting; and if the Legis-
lative Assembly be not sitting, then
within seven days after the commence
ment of the next session thereof and if
any address shall at any time during
that session be presented to the Gov
ernor by the Legislative Assembly,
praying for the restoration of such
Auditor to his office, such Auditor shall