The Hawaiian gazette., 1913-04-08
MAGU|RE ASKED To
HAVE HIS JOB BACK

Null SDtCiui W Inv EhuNNitisCiJ
HIIO, April 4.--The members of the
board of supervisors were much SUR
prised last Wednesday when they &C.
ceiyed letter from Auditor Maguire
informing them that he had had enough
of life Of id,eness and that he desired
again to earn his bread in the sweat
of his brow in the office of the county
auditor. As Mcguire couple of weeks
ago had leave of absence granted him,
at his own request, for the time of the
investigation of the charges against
him, the change of mind was bit
peculiar.
The request was eouched in the fol.
lowing language:
"At recent meeting of your hon
orable board leave of absence was
granted me from the office of auditor
OF the County of Hawaii. j beg to ad.
wise you that L am now prepared to re-
assume my duties as auditor.'
SPurdy wanted the request granted
instanter, but Yates wanted the ayes
and noes called on the notion
Kealoha wanted to know from the
deputy county attorney, who was pres.
emf, whether the board should, as a mat.
ter of law, grant the request. i
Couldn't Keep Him Out.
at seems TO me that the auditor,
as an elective officer, has the right to
assume the duties of his Office in spite
of anything the board can do,'' ans
wered Heeh. F'Whens he asked for
leave, he did $50 for the time during
which certain proceedings were pend
ing; and still ! don't see how his TAX.
ing charge of his Office can be prevent.
ed. Suppose the board denies his re-.
quest; he can walk into his office, any.
how, and what can the board do?''
Lyman wanted Maguire's original,
letter, asking for leave, read again. 1t
asked for leave until the investigation
of the charges had been completed.
''As the request was made by the
auditor for period until the end OF
the investigation, and az the inyesti-
CATION has not been completed, do not
wish to grant the request" said Ly
man. 81 do not wish to say that he
is guilty. j sincerely hope that he may
be able to prove himself innocent OF
the charges against him; but | voted
in favor of granting the leave until the
charges had been removed, and they
| have not been removed. I"
Yates said that he took exactly the
same view as did Lyman. In addition,
he wanted to call attention to the fact
that Baird had been engaged for three
or four months to take charge of the
auditor Is office.
"Who made that promises'' demand.
ed Ewaliko.
"We did so on the basis of Ma.
guire 3 requestf' said Yates.
81 don't see how any member of
the board could make such a con.
tract insisted Ewaliko.
| 'There was no contract retorted
Yates, "but Mcguire caused us much
expense in this connection, as the spe.
cial meeting was called mainly to take
up his request. "
A Peculiar Fix.
"of course, by law, we cannot keep
him away from his ohiee," said Kau.
hane, but the board has been placed in
a very peculiar position. While the
investigation is pending, and particu.
iarly since then indictments have been
returned, we are not in position to
accept the communication at this time,
although, as an elective officer, he is en-.
titled to return to his office. The right
thing for Mcguire to do would be to
live up to his request to the board until
such time when he is clear from all the
charges. For this reason / do not favor
accepting the present proposition Of
Maguire's, giving him possession of the
office, while the investigation is going
on. As matter of policy he should
keep out until the charges have been
silencedo
HE can run the office whether the
supervisors grant his request or not"
argued Ewaliko. "We are now paying
double bills. If Mcguire comes back,
we save the $4,000 which we are now
paying Baird. If we want to cut down
expenses, by golly, we want a man to
go and work. If he is convicted, he
must go to jail, and then it IS time
enough 70 appoint another auditor.n
Cone Of the objects of the special
meeting was to consider Maguire's re.
! quest to give him leave until the in
Restigation was pau" said LYMAN.
"As the investigation is not pau, / can.
not vote to grant his present request.
1t is not question of money but of
the position which we will place the
board in. Possibly it was not neces.
sary for Maguire to ask the board for
leave in the FIRST place, but since he did
SO, he should live up to it."
A Constitutional Point.
"I have another point which / wish
to impose on the MEMBERS announced
Ewaliko. "Ths Organic Act provides
| that deputies must be apDointed nv the