The Hawaiian gazette., 1902-09-30
AUSTIN
EvADES
HEARING
CONTINUED from pase ID

acts VIII be legal, only as they
conform TO the intent Of That Act The
language of that Act ~ very plain 20
the effect that the auditor can be sus-
pended only for certain faults therein
specified. which obviously implies that
he must be shown to be guilty Of some
one or more OF such faults, before your
right OF suspension can be called into
exercise Such suspension being by
that Act provided as a penalty for such
/ faults, or any OF them, 1t follows that
the penalty cannot be imposed until
/ the fault is established. 1t should not
/ be necessary for me to remind you
! that "A persons, or an officials guilt Is
/ not established by the fact OF the pre-
| ferment OF charges against him. IL re-
quires a hearing or trial. which should
| be had only upon due and reasonable
notice to the accused, the adducing Of
evidence in support of the charges, with
I opportunity for the accused to be heard
in defence. before his guilt can be es-
| tablished in such a sense as to call into
play the right of the Government, or
of any official thereof, 20 visit upon the
accused any penalty whatever. You
will pardon my assertion in this place
of truths and principles of law so
elementary and obvious as the fore
going, but your departure from those
/ principles, in your attempted suspen-
sion OF me without hearing or oppor-
tunity for defense must be my excuse
/ for recalling your attention to these
landmarks OF personal liberty and Off
cial obligation.
g. Your assumed suspension Of me
| from my Office as Auditor was enacted
without your having first apprised me
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 II must be obvious to you,
(as ii certainly Is to mel, 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
lily, should not be continued in force"
| | respectfully submit that a nullity
cannot be Continued in force" and
therefore see no occasion for me to
show cause. further than ! 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, ] 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 rec
ords thereof and of the employees en-
gagged in my said Office, is at the pres
ent time as full and complete as before
the receipt by me of either OF your
communications herein acknowledged
! But you, Sir, acting without legal war
rant. have seen fit to employ the police
Of this city to forclbly exclude me from
my said Office and from the due, or any
exercise Of the duties thereof Ready,
as | am, and shall be, at all times, to
respond to legal instructions, and to
| obey the law, as an officer of the Gov
| eminent of this Territory, ! invoke, at
your hands, an equal respect for that
rule of conduct which applies with
equal force To you and to me. Destitute
of legal authority to remove or suspend
me, you have appealed to Illegal ylo-
lence; but you are respectfully remind
ed that legal rights, and especially title
to official place and authority, are not
determined by violence.
i have the honor to be, sir.
| Your obedient servant
| (Signed) II. c. AUSTIN,
Auditor of the Territory OF Hawaii
GOVERNOR TAKES A DIFFERENT
VIEW.
"As to the matter OF the right OF sus-
pension" replied Governor Dole, II
hold that the statute has not been re-
pealed by the organic act. though the
right of suspension has been amended"
II do not see any necessity for ex-
tended argument, or any argument al
OF the Organic Act provides for the APP
pointment of the auditor and for his re-
moval. and expressly provides that he
hold office for four years unless sooner
removed as provided by the Organis
Act. which ! claim supersedes the stat
ute upon which Your Excellency has
acted"
THE notice OF suspension sent Mr.
Austin contained clause that u
should be pending hearing" replied
Mr.. Dole.
THE order OF suspension preceded
any opportunity for a hearing, which
the law under which you took the as
, ton does not provide, and II was botf
improper and illegal"
II will have the evidence Of the gov
eminent put on now" said the gov
ernor.
Mr.. Robertson resumed his seat
this point, and Mr. Ashford who ha'
| been occupying a position In the rea
came forward.
I'VE are not here to rebuff any evi
dence, and do not intend to do so." SAT-