The Hawaiian gazette., 1910-12-20
City Attorney Is Facing Removal
From Office on Eve of
New Term.
WON'T PROSECUTE M'oUAID
Papers Now Being Drawn Up by
AttOrney-GeneT One
More Chance.
oErom saturday,s AdvertIgerl

Impeachment papers are now in the
course Of preparation and about to be
presented against John w. Cathcart,
city attorney, for his refusal to carry
on the business of his Office in obedi-
ence to the law. Attorney-General
Alexander Lindsay Jr. yesterday after
noon commenced the drafting of these
end to Cathcart s official career.
This step was decided after all hope
of settling the breach between the ter.
ritorial and city legal departments was
passed and an emphatic and absolute
defiance from the latter to the former
was issued by Fred w. Milverton,
Cathcart s deputy, and the man who
was largely responsible for the dis
graceful handling of the Edward E.
Lane case at it's inception.
The case of criminal assault against
James Evans, a negro, now proceeding
before Judge Cooper, with the prosecu-
tion in charge of a. NJ. Brown, is the
last that will be handled by the city
attorneys department until Cathcart
is removed from office by board of
impeachment, or until he once more con
descends to do the work for which
Lindsay holds he was elected.
Case Reaches Crisis.
The whole matter came to a crisis
yesterday before Judge Cooper in the
circuit court over the disposition of the
William McQuaid case. Judge Cooper
set it for hearing on January Is, and
then asked Mllverton whether or not
he would prosecute in the case.
Milverton said that he thought he
was bound by the decision of his su
perior not to carry on circuit court
procedure and that he might say that
he wouldn't nor would any member
of the city's legal department. Judge
Cooper then telephoned for the attor-
ney-general.
When Lindsay arrived Judge Cooper
explained the situation. Lindsay turned
to Milverton and asked him to repeat
the statement. Milverton did so.
"Well, if your honor please" said
Lindsay, "this rather takes me un-
awares. l didn't take that statement
yesterday as meaning anything. OF
course, if that statement is kept up it
will be my duty to bring impeachment
proceedings against Mr.. Cathcart. 1t
is his duty to conduct these cases.
thought he was unwell when he made
the statement and took no stock in
it. / viii say this much of the city
and county attorneys department, if
it is not going to prosecute these cases,
/ see no reason why the attorney-gen-
eral' Is department can not.
Gets Right to Work.
Milverton gathered up his books and
An1 H. an1 Lind.
say departed to do other things.
Upon arriving back at his office he
lost no time in getting to work on the
case. He held consultation with his
deputies in which they prepared to take
up the work which the city attorney SO
contemptuously threw down. Then the
attorney-general proceeded to get the
statutes on impeachment together and
to draw up the papers.
The McQuaid case is not the first
definite case which Cathcart, through
his deputy, has refused to prosecute,
as criminal cases viii be coming up all
next week and these, also, will receive
no attention from his department.
The first time that one of these is
called and the city attorney, or his dep.
uty, fails to appear to take up tho
prosecution, Lindsay VIII present the
papers before the board of supervisors,
which the law makes a board of i'm.
peachment.
Handicaps Justice.
The attorney-general' department is
placed in an almost impossible position
by the high handed powers taken upon
himself by the city attorney. Those
cases prosecuted by the lower depart
ment in the police court, in which Cath.
cart has not yet refused to prosecute
which are appealed to the circuit court
will have to be retired by Lindsay or
his deputies. They will have to take
the eases mp knowing nothing about
them, that being the situation in con
nection with every case about to come
up at present.
"The fat Is in the ere uow," said
Mr. Lindsay, yesterday. "There was
never any friction between our depart
ments, but as long as he has thrown
down the gantlet, the law says that
1 shall take Il up"