The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-12-24
.Attorney+General Gregory Asks
Judge Clemons To Appoint
Temporary District Attorney /.
FEDERAL JURlST DECIDES
ON HORACE W. VAUGHAN
DeIetion Of Tenhessean Comes
10 Days Earlier Than Expected
Atmosphere Clarified

Az Ten O'Clock this morning Judge
Clemens, at session called in the feu-
eral court strictly for the purpose,
there being no other business scheduled
for the day, will appoint Horace W.
Vaughan as United States district at
torney for Hawaii, Mr.. Vaughan to re-
main in Office until such time as Presi-
dent Wilson shall appoint someone to
the, position. Following his appoint
ment Mr.. Vaughan will take the oath Of
Office. ~ .lasrG .as4t. '..
i ( A vacancy in the Office of district
\ attorney has existed since midnight, y.
j MeCarn's resignation, which had been
called for and rendered, TO take effect
on December 81, being accepted per
emptorily by Attorney General Gregory
to I, take effect yesterday--ten days
earlier than had at first been intended.
Mccain Is Dismissed 81, a.
\ McCarn was dismissed from Office.
Such was the tenor of cablegram
received yesterday from Washington.
The deletion of the late district atto--
ney had been expected momentarily the
4 past few days. It was known his re-
lations with Horace w. Vaughan, the
assistant district attorney, had reached
i the breaking point and that because Of
this MeCarn had suddenly become per
soma non grata with the judiciary d.
partment in Washington.
| The end came yesterday morning
when Judge Clemens received the fol
lowing cablegram from Attorney Gcn-
8, eral Gregory; s,t.' d..
Gable Messages Exchanged .
II Resignation District Attorney NJ.
lCarn accepted; effective today. 1t will
be necessary for you to appoint some
one to, fill the vacancy until his sue
cessor is appointed and has qual.fa |.
Please notify me of your action"
II Judge Clemens lost no time in notifV-
ling the attorney general, and immedi-
Il ately sent him the following messing:
"It seeming appropriate to appoint
Mr.. Vaughan district attorney l shall
Il take that course unless hearing your
4 disapproval before tomorrow morn NJ
? at ten O'Clock, when proposed he DO
sworn in. Assistant District Attorney
Dunno was similarly appointed ia
Federal Judges Have Power
II As in the recent case of the late Mar
shall +. r. Hendrv, vacancies exist"
| in the office of the heads Of depart.
ments which are originally filed bv
presidential appointment are illel
/ temporarily by the federal judges,
( those appointed in this manner holdin
Office. until the President is able to act.
p District Attorney Vaughan "LCt.
ter of Appointment, which will 10
Il read in open court at ten O'Clock this
morning by Clerk Foster l.. Davis, IS
!, as follows:
vaughan's Letter Of Appointment
II ."It appearing to me, Charles +.
n Clemens, Judge of the. United StatUs
/ district court for the district of tHa,
wall, that vacancy exists in the office
of the United States attorney for this
district, through the resignation Of
JEFF Mccain, as such United States at
torney, which resignation has been ac-
, cepted to take effect on December 2l,
1915;
"And it further appearing to me
, that l am authorized by law to APP
: point some one to execute the duties
of such Office within this jurisdiction
. until such vacancy shall be filed;
"cIt is hereby ordered that Horace
Il W. Vaughan, be, and he is hereby az
n
|, Office of United States attorney for til"
district of HAWAII until such vacancy
shall be duly filed according to law"
z Mccain Packs Up
l The former district attorney did not
= take long to vacate his former Off rill
a quarters. During the afternoon yerr
terday baggagemen lngged a number OF
: big trunks into the office, into VIII ca
McGaIn bad books, papers and other
personal property dumped.
OF the passing of McCarn, District
, Attorney Vaughan yesterday refused 10
! comment. He said he had been sent to
Hawaii with definite instructions AMI
in that which had been done he had
u followed orders. Judge Clemens anu
Judge Dole were also uncOmmTnieat Y,
! ON the deletiOn of McCarn. Whatever
: official action Judge Clemons took in
the matter was simply in following tn
request made of him yesterday by At.
! Etorney General Gregory.
: No Assistant To Be Appointed
: $50 far as | know, there will b. no
assistant district attorney appointed, /"
> said District Attorney Vaughan yester.
, day. "No one will be appointed, PROB.
I ably, until after the President name
4 the next district attorney"
: In this connection the nam Of
George S. Curry, United States comm =.
! siOner, was mentioned yesterday. /.
j. was claimed that as soon a. Mr.. Waugh
!. an : appointment AS dis ret att Grncy il
made permanent which the wisea"3cI
!. claim is the next thing in the program,
= Mr., Vaughan win appoint Judge I, TPy
? as his assistant
e 1t was admitted yeste'dry in der II
n court circles that MeCar" h been 4"
= thorn in the political SIDE Of the ad'
/, ADMINISTRATION in Washington for a long
y time past and it was 81 lined fur her
b., that his actions here had tended g ca.
n ly to emharass the admin st"atiop IN