Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-11-22
LAND OFFICE STEAL
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ey was taken in it was used to cover
up previous embellishments. I'VE
purpose showing you that this was the
system" said Prosser. last payments
were used to cover previous defalca
tons"
Prosser also said he would show
the Waianae Co.. supposedly No. 1905.
was never In fact issued to that com.
pany: that receipt No. 1905 was issued
to Samuel Parker for s516, as shown
by the books OF the Office and by the
receipt held by Parker.
Prosser having concluded his pre-
liminary remarks to the jury, Thomp.
son asked that the rule be enforced In
regard to witnesses and the court or
dered that all witnesses in the case
leave the court room and remain with.
out until they were called Auditor
Fisher and others concerned thereup
on vacated.
Prosser called for Edward s. Boyd
as the first witness for the prosecu.
ton. Boyd was not present and de
lay was experienced while that gentle
man was summoned. Boyd, II will be
remembered. was recently tried and
convicted in Judge Robinson's court
Tor embezzlement of Land Office
funds. His case Is appealed to the
Supreme Court. In Judge Gears court
he now appears against his associate
in the work OF the department.
Finally former Land Commissioner
Boyd arrived and, taking the stand,
was duly sworn.
Jurors leaned back In their seats
and prepared to hear some interesting
testimony. The situation, 10 say the
least, was slightly strenuous. Mahau.
III testified against Boyd when the lat.
ter was tried for cmbcz2lcment and
now the man who has been sentenced
to ten years Imprisonment Is having
his turn at relating the story of the
missing money.
One of the first questions fired at
the witness by Prosser was as TO
whether he had appointed Mahaulu
sub.agent of the Fifth Land District.
Here Thompson. for defendant, was
on his feet with an objection. 1T
makes no difference whether he u.u or
did not" said Thompson, "he had no
authority to do So"
Thompson maintained that the Or.
ganic Act had repealed tho law provid.
ing for land commission and that
therefore there could he no appoint.
ment of officers in that regard, as there
was no commission TO which they
could be appointed.
Section 1870 of the Civil Laws, 1897.
which has been repealed by the Or
Sanic Act reads: There shall be a
Board of three commissioners, com.
posed OF the Minister of the Interior
and two persons appointed and remov.
able by the President, wit hthe APPROX.
al OF the Cabinet, one of whom shall
be designated the Agent OF Public
Lands. Such Board shall be designat.
ed the Commissioner of Public Lands,
and shall have the control and manage.
ment thereof under the provisions OF
this Act. The appointed members OF
the Commission may be removed by
the President with the approval OF the
Cabinet"
Section 70 OF the Organic Act SAYS:
Commissioner of Public Lands" (shalI
he substitutedD for minister of the In.
terror agent of public lands" and
commissioners of public lands" OF
their equivalents, etc.
Section so OF the Organic Act pro
vides for the appointment OF the com
missioner of public lands by the Cover
nor. Defendants counsel In the Ma
haulu case, however. maintains that
since the Organic Act has practically
abolished the land commission by tn,
repeal OF the law providing therefor
creating no new provision to take 1t,
! y ace, the power OF appointment is a,
nothing since there Is no office To which
land commissioner can be appointed
As Mahaulu is indicted as an ap
pointee OF the Land Commissioner tn,
whole case hinges on the authority o
boyd to have appointed him; II ther,
was no commissioner he could not hav,
appointed any subagent.
frosser and Thompson argued tn,
matter at length, pro and con, and a
last Judge Gear took the matter undel
advisement until the afternoon session
of court.
III Following are the gentlemen seryin,