The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-29
AUSTIN MADE NO DEFENCE

of the nature of the charges which you |
prefer against me; and without your |
having cited me to answer, or having |
given me any opportunity to answer /
the charges upon which you base your
assumed suspension of me from office; /
wherefore it must be obvious to you,
(as it certainly is to me,) that you have |
acted outside the law, without legal |
warrant, and that your action in so !
assuming to suspend me, is a nullity.
4. | am cited to show cause why this !
act Of yours, above shown to be a null !
lity, should not be continued in force" !
l respectfully submit that a nullity
cannot be continued in force" and
therefore see no occasion for me to
show cause, further than l have al
ready done, in this paper.
Appealing to the law under which |
hold my commission as Auditor of this |
Territory, having been duly and reg
ularly appointed confirmed and COM
missioned in the premises, 1 claim that
my right to the full and free exercise
OF my official functions and of the !
full and unrestrained command and
custody of my office, and of the books
and records thereof and of the en-
plOyes engaged in by said office, is at
! the present time as full and complete
as before the receipt by me of either of
your communications herein acknOwl-
NuStu' Ipul yOut OH, dCIlllB without
| legal warrant, have seen fit to employ
the police of this city to forcibly ex-
clude me from my said office and from
the due, or any exercise of the duties
thereof Ready, as l am, and shall be,
| a all times, to respond to legal instruc-
tions, and to obey the law, as an officer
of the Government of this Territory,
| invoke, at your hands, an equal res
! pect for that rule of conduct which ap-
plies with equal force to you and to
me. Destitute of legal authority to re-
move or suspend me, you have appeal
ed to illegal violence; but you are res
pectfdlly reminded that legal rights,
and especially, title to official place and
authority, are not determined by vio-
! lence.
l have the honor to be, Sir;
Your obedient servant
! (Signed H. c. AUSTIN.
| Auditor of the Territory of Hawaii.
! Governor Dole held that the right of
| suspension had not been repealed by
the Organic Act and that notice of op-
! portunity to defend had been given the
| Auditor.
Mr.. Robertson, for the defense,
! thought that no extended argument
| was necessary, that Mr.. Austin had
asked for an opportunity for hearing
before suspension but was not given.
Governor Dole stated that he was
ready to take testimony.
! c. ~. Ashford stated that the de-
J fense did not concern itself with any
testimony that might be taken before
the Governor. That they had only been
given notice of appearance and show
cause why the suspension should not
continue in force. That they claimed
had been shown as there was no sus-
pension. There We're some matters
| that they would like to discuss in pri-
I Vate before the Governor. The speaker
hoped it would be understood by the
reporters present that such a session
would not relate to the hearing or the
question of showing cause.
The Governor then requested the re-
porters to retire.
The private session took only a few
minutes. Ashford and Robertson COM
ing out first followed by CathcarL aud
Douthitt. None of them would make
any statement, Mr.. Cathcart saying
that there was nothing that they could
give out. Mr.. Ashford stated that the
interview was private as had been re-
quested. h. S. Boyd came out of the
Governors door into the main Office,
but he too had been relegated to Sec
retary Halves Office and knew nothing.
Governor Dole, when asked if there
had been any ruling, said: Il think
you had better see Mr.. Ashford. l
really do not see why Mr.. Ashford
wants to keep it from the press, but as
he so expressed his desire it will
be better to see him"
1t is understood that Mr.. Austin's
counsel through Mr Ashford made a
brief statement to the effect that they
did not wish to submit any testimony
neither did they want to listen to any
proofs. They believed they had shown
cause that Austin was suspended with
out authority and that closed their
case.
c. w. Ashford, seen later said: 1T
is the Governors move next, in answer
to certain statement that we made to
him in private session this morning
when you newspaper gentlemen were
out of the room. That is all L care to
say in the matter" A. G. NJ. Robert
son referred all statements to Mr.. Ash
ford.
1t is generally understood that the
matter will next be taken eventually
into the courts for settlement In the
meantime Austin is out and a police
} man still guards against his return.
The government authorities hold that
he is suspended and, to all practical
, purposes, he is.
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