The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-12-17
IMPEACHMENT IS
/ ORDERED FOR
CATHCART
City Attorney Is Facing Removal
From Office on Eve of
New Term.
WON'T PROSECUTE MQUAID
Papers Now Being Drawn Up by
Attorney GeneraI-Has One
More Chance.
WON'T PROSECUTE M'QUAID


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-
euee to the law. Attorney-General
Aexander Lindsay Jr. yesterday after
noon commenced the drafting of these
papers, which are expected to put an
end TO Cathcart S official career.
This step was decided after all hope
of settling the breach between the ter
rtorial 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
vas largely responsible for the dis
graceful handling of the Edward E.
Lane case at its inception.
The case of criminal assault against
James Evans, negro, now proceeding
before Judge Cooper, with the prosecu-
ton in charge of A. NJ. Brown. is the
last that viii be handled by the city
attorneys department until Cathcart
i removed from Office by a board of
Impeachment, or until he once more CON
deseends to do the work for which
lindsay holds he was elected.
Case Reaches Crisis.
The whole matter came to 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 MIIverton whether or not
be would prosecute in the case.
Mlyerton said that he thought he
was bound by the decision of his SUI
lerior not to carry on circuit court
procedure and that he might say that
be wouldn t, nor would any member
Of the city legal department. Judge
Cooper then telephoned for the attor-
neygeneral
When Lindsay arrived Judge Cooper
explained the situation. Lindsay turned
70 Milverton and asked him to repeat
the statement. Milverton did so.
swell, if your honor please said
swares. ] didn't take that statement
yesterday as meaning anything. OF
course, if that statement is kept up it
vii be my duty to bring Impeachment
proceedings against Mr.. ~Cathcart. 1t
his duty to conduct these cases. L
tho1ght he was unwell when he made
the statement and l took no stock in
T "a ait
and county attorneys department, If
III not going to prosecute these cases,
see no reason why the attorney gen
e'a's department can not.
Gets Right to Work.
Mlverton gathered up his books and
departed to tell his superior, and Lind
say departed to do other things.
Upon arriving back at his office he
lost no time in getting to work on the
ease. He held a consultation with his
deputies in which they prepared to take
p the work which the city attorney so
eoatemptuously threw down. Then the
attorney general proceeded to get the
statutes on impeachment together and
% draw up the papers.
The McQuaid case is not the first
aaehnite case which Cathcart, through
us deputy, has refused to prosecute,
criminal eases will be coming up all
aexf week and these, also, win receive
20 attention from his department.
The first time that one of these Is
JAILED and the city attorney, or his dep
ny, fails to appear to take up the
P'oseeltiOn, Lindsay viii present the
Eapers before the board Of supervisors,
saieh the law makes a board Of I'M
Parchment.
Handicaps Justice.
The attorney generals department is
paced in an almost impossible position
Inc high handed powers taken upon
s.aiself by the city attorney. Those
~ses prosecuted by the lower depart
.sat In the police court, in which Cath
ar a.. has not yet refused to prosecute,
s sa,ea are appealed to the circuit court
M S.a nave TO be retired by Lindsay or
~ deputies, They viii have to take
eases up knowing nothing about
s sal, that being the situation in con
1''len with every case about to come
p at present
N. me fat Is in the fire now" said
nav. lindsay, yesterday. "There was
N.Y.. sf any friction between our depart
DIS but as long as he has thrown
l '., the gantlet, the law says that
'aail take it up."