The Hawaiian gazette., 1902-11-21
GEARS ACTION
IS CRITICISED
Davis Says He Exceeds His Author.
ity in Issuing Mandamus in
Boyd Case.

d suspension. why did he ask Congress L.
give him that power In his recommenda.
tions To the Secretary of the INTERIOR
questioned Gear
Il suppose he wanted to get express
power, but this is not in evidence In
this court. and not in the case at all, ~
replied Davis.
Even II the power of mandamus does
lie Continued the attorney. THE court
is not compelled to exercise It, it IL a
matter entirely In your discretion, you
can issue a writ or not. and ii should
be issued only To prevent denial OF
justice. 1t is certainly not "A denial of
justice to keep a man out of office who
is awaiting trial by jury for embezzle-
ment, nor is II justice to force upon
the Governor and the taxpayers and
put into office "A man who cannot be
trusted. The United States Supreme
Court says that mandamus should
never issue where public mischief is
likely TO ensue. You have NJ right to
interfere with the discharge Of the exec
utive duties of Sanford y. Dole"
"He can do anything he wants TO, /
suppose" Interrupted Gear.
mo he can't; he cannot kin a man
or embezzle money. but with his exec
utiVe acts YOU have nothing to do. The
United States Supreme Court has so
held. and YOU have no right to inter-
fere. As well might Sanford b. Dole
come over here and tell you what to
do with your bailiff as for YOU TO try to
control him with writs of mandamus
You cannot question his legal power.
especially at this time where corruption
and loot are rife in the land. In this
hour of public danger you should hest
tate. your power being discretionary,
before issuing writs of mandamus
Why If the Governor didn't suspend
Boyd he ought to be indicted by the
grand jury. for leaving in office a man
VINO emhcZZled public moneys. He is
given his power by the same hand tina t
gives you the power of life and death,
of issuing the highest orders, gives you
the power, almost of a despot He is
given all the powers of the President
Gnu 'i'' '""ii't anu the ENecutlNe
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D,,,is nontandad thot Cnora,. had No
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,h,,lba u.as not raotr,i,ino hin, ,rn,,
boIding bis Office several fines during
paws, orpument the court became an
darIng him to desist Inst ot the close
Gear ordered the attorney to stop ar
gument upon Dole's right To suspend
and Davis persisting. Gear ordered a
recess until this morning. with Davis
still talking. No decision was render
ed. though Gear left no doubt as Ia
what 1t would be, intlmating strongly
that II would be the same as i'm the
Austin case.
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