The Hawaiian gazette., 1912-10-01


81 learned of all these facts while
was on Hawaii, said the Governor,
and l was much put out. 1 came back
and made an investigation and ex-
pressed by disapproval and gave in.
structions that this method should not
be pursued, and stated particularly
that the high sheriff should not obey
the instructions of the attorneys with
out first obtaining authority either
from the attorney general or myself.
Mr.. Kinney took the entire RESPONSE
bihty in that matter. j think he is
perfectly ready to take all the respon-
sibility."
Did this approval go to the extent
of returning the evidence to the own.
ersl" asked Mr.. Ashford.
st did not" replied the Governor.
discriminating evidence was found
among the papers. -
The Secretary made a pertinent in
quiry. "What do you think, as a law
yer, Mr.. Ashford, - he asked. t'Sup.
posing the government had secured in
eliminating evidence, do you think the
government would be justified in re-
turning that evidence and letting the
criminals goF" y
Mr.. Ashford said something about
going back to original principles, and
not making such use of the legal end
of the government in the first place.
Mr.. Hemenway said the act of blow
ing open the safes was done without
his knowledge. He learned of the mat.
ter when Mr.. Prosser called at his
home one afternoon and stated what
had been done. The high sheriff up to
that point had been following the ad-
vice Of Mr.. Kinney. The Governor
strongly disapproved of the course
taken.
Senator Gases.
Mr.. Ashford then questioned Mr..
Lindsay in regard to the "Alaska Can
merry" labor cases and certain arrests
made by Mr.. Kinney and Mr.. Prosser,
who represented the planters. Mr..
Lindsay told of the search for wit
nesses against two violators of the la
Dor recruiting laws and of request
upon him to issue request upon the
court of records for the arrest of some
for the Coast The request was made
by Mr.. Prosser and Judge Ballou be-
cause the federal government had re-
poenas on Quarantine Island. The
witnesses were about to go away. on
the Korea. The attorneys pointed out
a certain section of the statutes, which
apparently conferred upon the attorney
general authority to make requisi-
ton upon the court for the arrest of
these people. He said he had no doubts
about that Interpretation at the time,
but still did not like the task. He saw
no reason to refuse to sign the request,
however, and fifteen arrests were
made. The county attorney attended
TO the prosecutions. However, before
signing the request for the arrest of
witnesses the attorney general sent for
Messrs. Andrews and Watson who were
attorneys for Craig, and there was
quite heated argument. Later writ
of habeas corpus was served and
the men released on the assumption
that the attorney general was wrong.
These. people had their civil remedy
and suit for $4,000 was now pending
in the courts against him. The Gov
ornor, in this instance, knew nothing
about the proposed action of the attor-
ney general. He believed any lawyer
would have read the statute as he did.
Secretary Fisher looked over the
statute, but made no comment upon it.
As to why he had not brought a suit
for eiectment against the Hutchinson
! Plantation for recovery of land which
was believed to be the Territory IS, he
said he had not taken any action, one
reason being that he did not wish to
exhibit any "feverish haste" in bring
ing up the matter when it was pur-
posed to have Secretary Fisher come
here to make an investigation, this be-
ing one of the charges in the Dele
| gate IS complaint against the Governor
His predecessors for forty years had
not been "feverish' about IT. 1t was
land sold by David Kalakaua several
wears before he was elected king
! Whether it was land of the Territory
or not had not been determined as nc
suit had yet been brought. The SUIT
was a part of much unfinished bust
ness in his department.
Governor on the Stand.
Governor Frear then took the stand
The Secretary said that many OF the
matters at issue had been gone into
during the travels of the party ovei
Hawaii and Maui and some OF the
points had been Complementary GOV
cred. Other points had been covered
in parts and portions in full, yet hi
thought there might be few matters
which could be further explained ant
he asked the Governor if he felt ther'
were certain issues that might be am
plifed.
The Governor replied he had made
list of them.
The Secretary called attention Il
page eleven of the Delegates com
plant, in which il is stated that ''dur
lug -four years not one acre of public
hand now under cane cultivation ha
been applied to homesteading pur
purposes, and "no actual homestead
ing had been done on the cane lands. ,
The Secretary said he would like
statement covering those particular gen
efalities. Governor Frear said h
would take them up at once.
The Governor said he came here from
California with his father, who hai
| haan aallad IN the DaetOrate of Il