The Hawaiian gazette., 1913-08-29
KEALOHA WOULD
RETAIN OFFICE
Attorney for Impeached Hawaii
Supervisor Hopes to Successful
ly Resist Efforts TO Have His
Office Declared Vacant.

Attorney Claudius Mcbride was
ready yesterday afternoon TO file, in
the supreme court, the plea in abate-
mont of respondent John A. kealoha,
the North Hilo supervisor of the Big
Island against whom Impeachment pro
ceedings have been started in the su.
prene court, but for the fact that Kea-
loha went down the country the day
before with a party of friends on
pleasure junket and failed to show up
yesterday afternoon in time to sign the
necessary documents. Mcbride wait
ed until half-past four, when the su-
preme court Office closed, and then gave
1t up for the day.
Lengthy Plea Prepared.
kealoha s attorney is quite confident
he will turn the tables ON Breckons
and Thayer and that the impeachment
proceedings will be thrown out of court
as soon as his plea in abatement is
taken up on Saturday morning. The
plea covers numerous typewriter pages
and in addition to this monumental
work, Mcbride has already finished a
brief in which are cited several scores
of opinions on Impeachment suits tried
| by numerous mainland courts of high
jurisdiction. The brief, with Me
| Bride 5 own side remarks and explana.
tions, covers no less than thirty closely
typewritten pages.
The attorney for the impeached su.
pervisor lays special stress on the fact
that the three petitions, which consti-
tute the impeachment case are improp.
erly Joined and that after deeting
three names from the only petition
which shows the required number of
signatures the case will fall fiat.
The plea in abatement will be
fled this morning. That is provided
that Kealoba has concluded his visit
to the country and has returned to the
city in time to sign and swear to the
plea. 1t alleges that of the twenty
five Hilo citizens who signed the only
petition Mcbride figures amounts to
anything, M. S. Cordeiro, John X. Flu.
jill and Joaquin Lopes signed this pc
tition after reading the. first page and
now they know nothing at all as to
what the petition recited. The plea
goes even further and states that it is
believed that all but II. B. Elliot.
George A. Cool and II. w. Kinney
know nothing at all about what they
signed when they placed their sigma
lures to the petition.
"Charges Not Supported
Other contentious in the plea recite
that "all alleged charges and articles
against respondent are not supported
by the oath or affidavit of any person
OF persons whatsoever, and are "not
verified as required by law nor veri-
fed in any manner at all. - 1t is
further claimed = that the respondent
has not been charged with any offense
against any law or laws of the Terri
tory in che manner provided by law, -
also, 'that three separate and distinct
sets of charges and articles of i'm.
peachment have been improperly
ioined.''
Mcbride Gives opinion.
"This matter of making charges
without swearing to them or verifying
them," said Mcbride yesterday, sis
something new to me, and because of
the fault which now exists in the i'm.
parchment proceedings in this respect
| expect to win out, as | do also in 9th
er respects.
'What is to prevent twenty-five
political enemies of any elected officer
to trump up charges against him and
seek his impeachment, if they are not
required to swear to the charges they
make In my opinion all charges in
court of law must be sworn to or then
they fail to be what they should be
| have twenty nine opinions ready on
this point and will spring them in the
supreme court when the time for this
arrives. Win outi Sure, expect to
win out and clear my client into the
bargain. / am working hard and vic
tory should be my reward. Don t you
think so?'
Mcbride was a busy bee yesterday
in the library of the supreme court and
during the day there was hardly vol
ume among the thousands of law books
of all descriptions that are stored there
, for the convenience of the court and
the attorneys that he did not peer into
and study. He has Herbert L. Kins-
, lea, stenographer, assisting him and
} also keeps the custodian of the library
moving about pretty lively. eff
don t make lawyers out of these two
friends of mine, / miss my guess, y
| sni1 TcRri1a