The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-30
AUSTIN
EVADES
HEARING
He Takes Refuge
In Technical
Pleas.
MEANWHILE He
DEMANDS SALARY
Nan Who Said he Has a Defence
Denies Governors Right
to Require II.

Following a refusal of Auditor Austin
to participate in the hearing of the
charges preferred by Governor Dole,
with a reiteration of the charge that
the executive is acting beyond his pow
ers in the matter of suspension, the
matter will now probably be submitted
to the courts. The question OF salary
which Austin claims must still be paid
is the point upon which the courts will
probably be asked to act. In executive
conference yesterday following the ex-
pulsion of the newspaper men at the
request of Attorney Ashford, the ques-
tion of salary was brought up, Austin
insisting that the suspension OF him
self by the governor was illegal, and
that he therefore could not be deprived
of his salary. The governor promised
an answer upon the point which was
sent during the afternoon. This was
to the effect that the salary will not be
paid during the time that Mr.. Austin
is under suspension, but if through the
action of the Senate it should develop
that the auditor had been illegally sus-
pended, the entire sala-y will be paid
to him. If upon the first of October,
which is tomorrow, the acting auditor
refuses to issue salary warrant to Mr..
Austin for the entire month Of Septem-
ber, legal action may then probably be
instituted, though Austin's attorneys
refuse to give out any information of
the next move on their part.
In the meantime Austin is denied ad-
mittance to the office. uniformed Off
Ger standing guard day and night,
though no further attempt has been
of the suspended auditor.
1t was but few minutes after the
appointed time, ten o'clock yesterday
morning, when Herbert c. Austin, ac-
companied by his attorneys, c. w.
Ashford and A. G. NJ. Robertson, ap-
peared before the governor in the Ex-
ecutive Chamber Deputy Attorney
General J. w. Cathcart and Assistant
Attorney General E. A Douthitt were
present on behalf of the government,
Land Commissioner E. S. Boyd being
the only one in attendance besides the
newspaper representatives and the ste
nographer.
Are you ready to proceed?" asked
Mr.. Robertson, after all had been sit
ting quietly about the table for few
moments.
do you wish the government to put
on it's witnesses on behalf of the charg-
esp" asked Governor Dole in reply.
Il think it proper to first read the an
swer.''
The answer was read as follows the
document then being handed over to
Deputy Attorney General Cathcart:
Auditing Department, Territory of Ha-
wall, Honolulu, September 29, 1902.
Hon. Sanford B. Dole, Governor of the
Territory of Hawaii. Honolulu. Ha-
wall
Sir:-Your two communications, Of
the 25th and the 26th instant, respec-
lively, have been received by me and
have my attention.
In the first of those, you al!ege GER
tain charges against me, and conclude
with the announcement that, because of
those charges, you suspend me from
my office as Auditor of this Territory,
pending such reply as I shall see fit
to make to said charges. or such fur
ther investigation as may be had there
in.
In the second, and later, of said COM
munications, you cite me to appear be-
fore you, at a place and hour therein
named, to show cause why the suspen-
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