The Hawaiian gazette., 1903-06-30
MUST HAVE
HIS SALARY
Austin Suspended
Without Due
Authority.

The Governor has not authority to
suspend an officer who. by the terms.
of Section so of the Organic Act must
be appointed and may be removed by
the Governor by and with the advice
and consent of the Senate and who is
/ to hold for four years unless sooner re-
moved.
The provisions of the Audit Act
1aws of 1898, Act 39) relating to the
suspension of the Auditor were repeal
ed by implication by the provisions of
Section so of the Organic Act, which
are not only inconsistent Herewith but
indicate an intention to cover the whole
subject.
The foregoing is the syllabus of a
unanimous opinion of the Supreme
Court, written by Chief Justice Frear,
on the appeal of former Auditor Her.
bert G. Austin from the refusal of the
present Auditor to issue a warrant for
the salary of the appellant for the
period of his suspension by Governor
Dole for certain specified causes, from
September 25, 1902, to December /. 1902,
when he was removed from office by
the Governor by and with the advice
and consent of the Senate.
1t will be remembered that Judge
Gear decided similarly and granted a
writ of mandamus to compel the Attor-
ney-General, the High Sheriff and the
Deputy Auditor to cease their forcible
resistance to Auditor Austin's attempts
to enter the Auditors office premises.
The writ became imperative by reason
of the removal of the Auditor as al
ready stated before it could be enforc-
ed, owing to an appeal being taken
fyn Ind rnnr rrIa Of tIa Gu,
preme Court in the end of it's decision
is this:
The appeal is sustained and the Audi
tor is directed to issue a warrant or
warrants to the appellant for his sala-
ry as Auditor from and including Sep
tember %, 1902, to and including
November 80, 1902.
C. w. Ashford for appellant Attor-
ney- General l.. Andrews for the Audi
tor.
WILL OF ELY PECK.
Philip Peck of I1ilo and Solomon
Peck of Honolulu petition for probate
of the will of their late brother Ely
Peck, who died in San Francisco. The
estate situate in this Territory consists
of Vineyard street property valued at
$50, 900, and the personally of 50 shares
q
S3 Olaa Sugar Co. and cash in Bishops.
bank, valued at $4,000. The heirs at
law are the petitioners and eighteen
nephews and nieces residing in the
United States and Germany, and the
executors named in the will are the
petitioners. p-r-ests dts IuIlpws;
To Philip and Solomon, brothers.
$4,000 each; Doris Pick, wife of broth
er in Berlin, $1,000; children of brother.
Herman Pick, Berlin. 5000 in equal
shares; Sarah Rachum, daughter of
sister Amelia, Genesen, Prussia, s., 900:
children of Sarah Rachum, 50, 900 in
equal shares; children of siser Sofia
Kuttner, $1,000 in equal share: chill
dren of brother Simon Pick, $500 in
equal> shares; children of bother
Mortz Pick. sometimes called A,ritz
Peck" $4,000 in equal shares; chiiren
of late brother Robert Peck. sl,50 in
equal shares; Samuel Krawiez of Gee
sen, brother in-law, $3.50, and Phip
and Solomon Peck, brothers, all of tl
residue.
None of the legacies shall lapse by
the death of any of the legatees in theA
testator's lifetime, but in that event
the heirs of a legatee dying shall take
such share. IT hereby direct the
made a beneficiary under this will con-
test the probate, or the execution there
of, or of any provision thereof, such
beneficiary shall forfeit the interest
herein given to him or her."
The will was executed at San Fran
cisco on April g. 1908, in presence of
Joseph A. Hyman, Morris Hyman and
Emma ]. C. OFT.
NO AUGUST TERM.
In the three garnishee suits against
F. Fl. Redward of Emmeluth & Co., j.
Rosenstein and B. S. Gregory, motions
have been made by F. NJ. Swanzy,
garnishee, to quash the summons in
each case. A special ground of the
motion Is that this defendant is sum-
moned to appear at the August term OF
this honorable court, a mandate i'm
possible of obedience" This plea re-
lates to the amendment of the Judi
ciary Act at the recent session of the
Legislature.
DATE OF SALE.
! A supplemental decree has been is
sued by Judge De Bolt in the foreclos-
ure case of Lunalilo trustees against
H. w. Schmidt, in which 1t is ordered
that the sale be held on Saturday, Sep
I tember 5, instead of August 10.
JAPANESE DIVORCE.
| Morishige Kokichi was granted a
divorce from his wife, Sho Kokichi, on
the ground of desertion, by Judge Gear
yesterday.