The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-15
COOPER DENIES
BOYO'S CLAIM
ANSWER IN MANDAMUS CASE IN
WHICH SUSPENDED OFFICIAL is
TRYING TO REGAIN OFFICE.

The answer of Henry r. Cooper to the
alternative writ of mandamus secured
by James H. Boyd was filed at noon to-
day by Attorney George A. Davis,
counsel for Cooper. Cooper denies that
he has forcibly kept Boyd out of the
office, and says that Boyd was sus-
fa, ded for good and sufficient reasons,
set up that the acts of the governor
cannot be and ought not - be, con-
trolled by mandamus and that the rein
statement of Boyd when he is charged
with embezzlement would wo tx Pub
lie mischief" The answer OF Cooper
says:
THAT he admits that on the 29rd day
of May, A. d. 1900, the said James H.
Boyd was duly nominated ami appoint
ed Superintendent of Public Works as
alleged in the Petition, and that he was |
indicted into and performed the duties |
of the said office from that time and |
i down to and until the first day of Oc- |
tober, A ID. 1902, as ALLEGED l, but this |
| the respondent denied that the said |
James II. Boyd is now the Superinten- |
dent of Public Works, and alleges the |
fact thatgthe said James H. Bowl was |
suspended from exercising the func-
| tions and performing the duties of the |
| said office by the Honorable Sanford b. |
| Dole, the Governor of the Territory of |
Hawaii, for good and sufficient cause !
and in accordance with the law of the |
land, to wit because the said James
| H. Boyd not regarding his duty and in |
! violation of the law of the land did |
convert to his own use certain public |
money received by him und under his /
| control as Superintendent of Public !
| Works, and refused to pay and did not |
and has not paid the said money into
the Treasury of the Territory of Ha-
wall as he is bound and required to do
| by the laws of the land and that the
said sum of money so unlawfully held,
converted and not paid into the said
! treasurer of the territory amounts to
| about the sum Of thousand dollars.
And the said James H. Boyd was ar
rested upon a warrant for the embez-
| Element of the sum of $3.50 the FUNDS
and money of the Territory of Hawaii,
and was committed for trial upon the
said charge, and proceedings are now
pending before the Grand jury and an
\ Indictment has been preferred against
him, the said James H. Boyd by the
\ Attorney General of this Territory to
the Grand jury of the Circuit Court of
this circuit charging him, the said
James H. Boyd with the crime of en-
bezzlement of the said sum of 1850 the
money of this territory.
THE petitioner absolutely denies that
he concerted, combined or conspired
with evil disposed persons or any per-
sons to prevent the said James II. Boyd
from entering the rooms and premises
set apart in the Executive Building for
the superintendent of Public Works.
and the said Henry e. Cooper
specifically denies that he did unlawful
| ly and with force and arms exclude the
petitioner from the rooms and premises
in said Executive building so set apart
as aforesaid as alleged in said petition
in this matter.
, 'Ths respondent, Henry E. Cooper,
, alleges that the Governor of this ter
ritory, the Honorable Sanford B. Dole,
} in the performance of his official duty
as such Governor for good and sufficient
, reasons and cause suspended the said
James II. Boyd from the said office OF
Superintendent of Public Works. and
appointed this respondent to fill the
/ said office and discharge and perform
e the duties thereof, as he had lawful
Z right to do as such governor and your
1 petitioner is now and has been in the
= lawful possession of said office, rooms,
books, records, documents and files,
and has discharged the duties of the
. said Office under and by virtue of the
e authority of the governor of this Ter
e ritOry, and this respondent respectfully
e represents that the official acts of the
said Governor cannot and ought not to
: be controlled by mandamus.
This respondent further says that
!. the reinstatement of said James H.
4 Boyd to the exercise of the functions
and restoration of the said petitioner TO
q the enjoyment of said office of Superln-
4 tendent of Public Works when charged
4 with the embezzlement OF public money
: would work public mischief, and would
be in violation of the law of the land,
4 and that the said writ should be dis
missed by your Honor.
This respondent denies that he has
any power or authority 40 restore the
said James II. Boyd to the said office
a of Superintendent of Public works, or
n to give him possession of the books
\ documents and files of said office that
sail power is vested in the Honorable
Sanford p. Dole, Governor of this Ter
ritory, and said respondent prays that
said writ be dismissed your petitioner
cannot comply with said writ if it is
made pre-emptory.
THE authority under and by virtue
: of which this respondent is perform
ing the duties of said office was and is
vested in him by the Governor of this
Territory and the several written COM
munications, orders and directions of
the said Governor in relation to said
office of Superintendent of Public
Works as well as the written commu-
nications of said James H. Boyd are att
tached hereto and this respondent
prays that they may be considered a
part of this answer and return in the
same manner and to the same extent
as if they were incorporated in this
sliG answer and return.
This respondent respectfully denies
the jurisdiction of your Honor in the
premises"