The Hawaiian gazette., 1916-05-30
ERkDANSD
NQNR0hG, HOLDS
MAINLAND lURIST.
Federal fipdges Morrow Of San.
francisco Sustaihs Demurrer
i TO Federal Indictment
OUSTED OFFICIAL ACTED
WITHIN HIS AUTHORITY.
Foster |. Davis Exoneration Is
\ Complete and Criminal
Case Is Ended

= = - s.
ninth circuit court OF appeals Of san
Frapeisco yesterday, in q lengthy ruling
banded down. IN. the local federal court
sn...;,,aa ar aa,,s 4, AZ
Nv ~ ny ~ y
ment IN the case o.. the United States
against Foster L. Davis, former deputy
aud later clerk Of the United states dis,
tFict court for Hawaii, in which Davis
was charged with Irregularities IN the
conduct 81 his iofiee. q Y b 4,
aIt follows that, In our opinion. the
Indictment IN the present case does not
state an offense against the United
Sthtes,'' says Judge Morrow, at the
conclusion Of the ruling, which contains
fourteen pages Of typewritten matter.
t.The demurrer must therefore be sus.
tanned and the indictment guashed. and
it Il SO ordered. 49, 3 4 Il II n x, 4
Not only was the demurrer sustained
and the indictment qnashed but Judge
Morrow completely exonefated Foster
L. Davis from the charge OF alleged
wrongdoiug. After quoting section 97
OF the penal code, held by District At
torney Huber to support the Indictment,
Judge Morrow, disposed OF the charge
in the, following clear and concise Ian.
y n y ~ "a
Davis Is Bxonerated - ,.,, ~,
%"The first objection we find to the
application of, this statute TO the, charp-
es contained in the Indictment In that
the charges in the indictment. do not
follow thu, Ia language of the statute: and
the second in that the facts constituting
the charge of establishment are set
forth with partieulafity IN the. various
counts of the Indictment, and we have
already found that they do not consti.
tute embexxlement, nor do they, in our
opinion show that the defendant
wrongfully converted to his own Use
any money or property which came into
his possession or under his control in
the execution Of his Office or employ
ment. ~ w :. .
""0n the contrary, we have found
that Ne rightfully came into. the pos.
session of the moneys charged to have
been received by him and that he did
not convert such moneys to his own
use except insofar, as authorized by
statute to take and hold possession of
such moneys untii a return and audit
had determined ms fnrther duty with
The Case Reviewed a. j.. I'D y. .....f
discussion In HonolSlu, particularly in
Judiciary circles, Davis was first dep
uty, under the late. Augustus z. Muir
pby, who was clerk Of the federal court.
During Mr.. Murphy,s long Illness, Gov.
'ering a period Of practically two years
up to the time of his death, the bust
ness Of. the clerk 3 Office, was conducted
almost entirely by Davis, although the
late Mr.. Murphy continued nominally
the head. ~ y. -, y. -! ia :.
Following his, chiefs death, Davis
was appointed to .spcceed him, the ,ap-
pointment being made by Federal Judges
Dole and, Clemonss The inside = story
rs that, while Judge Dole insisted that
Davis be promoted, g Judge Clemens
ssgvu wv ~. SeVlBo -. StalA' nue. .nsh
n,ST. si"S ~ S S,N 's. 49, 49,
- c1as $500 ~ III VIZ 49, = ~ ~
s;,;an iSStSh IA "A " ~ ~ IN pS
wss m. ~ 49, N.Y. A'Ann tA'eS. n~stS
sistN..,1., - ~ Fl.
oiSm9ns yusts oierk 1gA -, :,
Judge poie sretlred IRON the. tederal
pench on Decemper 70, last year, when
ms commission expired. Later on, with
Sniy one. 1uage ~. charge OF the local
Iederai coprtt 1uage olemons asked
laws, 10 resighG ms, tne latter re-
19se1 10 40. jInen Judge Ciemons GUST,
Gu Davis,r aeciaTl i tns once vacant
ana appointing WuhaEm 4; Rose, Davis =
.rst dsputy, as cierk Temporarily, The
t Gnnes d my Snage demons appointed
george n" Clark, VINO was sworn IN and
to2k omce lH " l.V9y; Z, = if. 81,
u opstilg Dayis, 9udge Ciemons sala
.he Sourt oruer 4, ~ ~, the pest
pest interests o. the court and partieu-
rat;ysWsnt my - III % nI To. sae
l.: Davis. ~. IT Is hereby ordered
hereby removed as clerk of this
court. ~ ~ 70 @TE