Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-11-28

on the following grounds That Fish
ers testimony was the rankcst hearsay.
since his examination of the Land Of
fee books was not personal, his assist
ants having called off certain alleged
figures to him in going over the books:
that there was nothing to show that
Fisher was an expert accountant with.
in the meaning of the law; and that
Fisher was, in fact, no. the Auditor,
that there was nothing to show that bis
resignation had not been accepted.
Argument was had ON the motion
and Judge Gear took The matter under
advisement until 9 o'clock this afts"
noon.
Judge Gears remarks concerning the
non-appearance of the Governor were
in part as follows:
II Is apparent from these two com
munications. the first one stated orally
by the Deputy Attorney General and
the latter through the Governors mes
sage to the Attorney General. that the
reason first given for the Governors
non.attendance. namely. reasons Of
public policy" Is not contained In the
second. That the document sought to
be obtained by the first subpoena Is
not one which could be withheld as a
state secret Is apparent To anyone who
has been In this Territory Tor any
length of time. for II is a matter of
notoriety that the Governor of the Ter.
i..s L.. H..
cry one appointed by him or holding
Office under him executing the former
Treasurer. Honorable Noah Kepoikai.
II is a matter OF court record that upon
objection being made in the trial of
q case before one of the district mag.
listratcs, to the eject that the Govern.
or held the resignation of the magis.
ltratc, the Governor thrrpupon return.
cd the resignation to such magistrate,
and II the court Is not in error, re.
turned the RESERVATIONS of all the dis.
ltrict magistrates in the Islands, There
Is absolutely no foundation for claim,
that IT, Is incompatible with public
policy" to produce In court what is not
n "secret" record of the Governors OF.
fee, and IL seems To me- that this Ii
not a case where II is sought TO Obtain
papers containing state secrets.
The contention OF the Governor tina,
"it does not COMFORT with tn. digni,,
OF the Territory" and is not "compat
. ible with the dignity of the Office
hold" TO appear in court In obedienc,
TO the subpocpa issued seems to- ms
TO require little comment
The Governor admits that the cour,
IA n "coor,linatr department of TN,
Territory" and I'm this he il cIear,,
right. The DEPARTMENTS Of the GOV
eminent are three namely: the exec
utive. legislative and judicial: as sait
BY the courts. 'thesr departments ar,
equal. coordinate and independent. II
is the duty of the legislative dcuart
mcnt TO make the laws. III. duty of III,
judicial department to construc ant
/ apply them, and IL Is the duty of tn,
1 executive department To see that sucl
1 laws are faithfully executed"
! The judicial department as to tn,
! laws Is now in the case at bar cndcay
l oring TO "constr,le and apply them" I
/ seems to me that the Governor should
1 In the discharge of his duty 80 Sc,
I that such laws are faithfully executed
be willing To come into court and Civ,
his evidence in this case when he hal
3 been regularly subpoenaed by "A de
4 PENDANT. who. by the Constitution o
tho United States, is entitled 10 process
4 to compel the attendance Of witnessc
I in his behalf.
The Supreme Court Of the Unite,
States has held that this means an,
person the defendant may wish To sub