The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-03-17
JUDGE clemons Removes Clerk Of
United States Court charp;
flnO Irregularities 4
IURIsT PRAISES WORK "
~ ~'' OF FORMER oFFIclAl


George X. Clark, private secretary
to Governor Pinkham, viii be appoint
ed by Judge Clemops this morning a.
clerk Of the United States district
court for Hawaii succeeding Fostel
L. Davis, who was removed from Office
yesterday by Judge Clemens.
Clark was formerly q deputy in the
federal court clerks ONCE. Following
the death of Clerk A. E. Murphy judge
Clemens wanted Clark appointed TO the
Office, II IL claimed, but finally gave
in 20 the wishes OF Judge Dole, who
was then in Office and who insisted on
the appointment Of Davis, who had
been Murphy's FIRST deputy for several
years. ....,. -. n
The action taken yesterday was,
naturally, by Judge Clemens alone, az
the vacancy caused by the expiration
of Judge Dole 8 term OF Office has not
been fified and afthough Horace w.
Vaughan 3 name has gone 10 the sen.
aie. as Dole's successor, there has been
no Confirmation Of the appointmsAt BY
the senate and Mr.. Vaughan, tas .
~ as TIE second federal Judge.
Order OF Removal J;
y, In the removal Of. Mr.. Davis 4
eletk Indie Clemens yesterday Ii1de
the following order, which was otdkrea
SPREAD in the minutes Of the court ~
7 y fWhprehs. the court ID Of the qpin.
ION. thai the hest interests of the. c6nrt
and tpaftienls " Of the ele-k y y nice
'reqnire thu rstircment Of the present.
eferk Mr. Faster l.. Davis, N, 4. Z
.slrr'Now .Iserefo,e. & N hereby 6yder.
o. th?i ~ Poster z. Dayis bss aud
BE n ksrelS removed as clssA o. tbs
tsasft fghi thst William T. k9sa. hsst
feFtitsS clerk Be and Re 81 hseehy mp
falr !, z Al, aetiRa elerk az this court
~ he n offise under bond IN, the sum 81
Ten tkonsbpd dollars, lssptl hip, siifces-
say 4lofntsa sud qpaIi fisd' o. Until
FIR. order Of court, y f y. q *
4 ~ z iyenogal of Foster L. Davis was
b5speht ABOUT 90 ths result, claim
federal Eoeft officials, Of an inxeStlna-
IA ii. .6f. TN books of the clerk q dfRee,
'trfegularit lies aiseorsfedS are Said 10
account for the action taken yestsr-
day. There Is no charge that Davis
was short in the moneys IN his charge
and no funds are missing, il ID claimed.
WIZ Appoint George r. CLARK Z ny N, I
fThe whole thing, said Jndge
CIemons Yesterday, "is that Mr., pa-
Wis and / Do rot ggree In the pale
that has been in vogue In the conduct
of the business of the slerE's once.
wiz ~" ont George r. Glarl tomorrow
as +lstk OF this court -, r 9..;@ttF4s
Un%cr date Of March l3Judge Glen.
ons wrote to Paws demanding his rec.
ignatiOr fotth" tn, failing which BIZ
world DISMISS tho clerk Instantly, hs
- making bis order Of dismissai Z
matter Of public record yesterday
Judge Clemens said: -,5-T.l| - (
1.-THE accounts of the clerk . Office
are straight as far as money Il con,
cerncd. want to express my appre'
ciatton Of Mr.. Davis work and abili'
ty." "<',,.", -. -,
In his letter to Davis Judge elemons
said. In part; ,'~syg MI =.
No Shortage In Accounts a, Il =, :.
II an very glad 10 cay that the
Practise in the Once during the times
referred to DO not show any hnal
shortages 30 far as I can see, hut they
do show an Opportunity Tor misuse o.
public moneys and 4 failure to report
and account for public Moneys, at al
times, required by Law. u. E'a q
''From the conditions and .shpwinq
Of the books and records In the clerk 4
office. -. and from Statements OF
Mr., Mcdonnell snfcial examiner Of the
department. of justice. =. \. !. no othei
eonrss appears open 10 me than 10
order your suspension. AZ I hereby do,
beginning this Tuesday, morning. ~ !
Although dated March 10. Judge
Clemens letter was not received by
Davis patil yesterday morning, tbs
latter claims. ~ ,'.:-..., -.
Davis Makes Reply -, -. : g.
81 do not desire ths charges made
to stand uncontf aficted,p wrote F0s
ter L. Davis yesterday to Judge
Clemens. Answering the complaint
that no deposits Of cash were made III
the depository ia Honolulu between
May, 1918, and December last, Davis
points ont that he was only. appointed
Clerk on November 10, last. ,g T..
at is true that during part af9tbis
time, OWING 70 Nv. Mufphy's tillbeIt
apd ineaPacity, ] to some ssStept
shouldered the responsibility % III
Office, but Me-. Murphy bad eeAtippsd
IN the Office, as YOU know, until Sep
tember. 1913" ads Davis In this let
ter. "You shonld ikewiss BE- eedhaint
ed with the fact that, while he was to
some extent III from Nay to Beptem,
Der, vet in all natters Of accounts
etc. Mr. Murphy did administer thu
affairs Of the ohiee. ~. ~; From the iiHis
! did asyume charge on NoyerAher 10
1915. to December 16. 1918, [ Md nv,
self Deposited regularly, oil funds re,
relved by ne. Snd the hrse neposi.
] made on December Is. 1919, was all
fund" which Nd ""SUmnlatd in tbe o.
nee before "'as clerk ,..... N'Fr'# Z,
Claims Mur"hv Had chsrvs - =
"SuhS"nue' tn the time Mr. Ntur
Thy RnrN" G " of''"" y'o'.c1 b.
house almost daily. taking With mt
the cash book, in order to keep him
Anyiaa1 90 kha sol -. Hat. { a