Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-03-14
DAVISOUSTEDAS
CLERK OF COURT
CONTINUED from page oneI

are straight as far as money is con;
citation of Mr.. Davis work and abil-
ity."
In chambers, Judge Clemens stated
that the reasons for Mr.. Davis remoy-
al do not reflect ION any previous
clerks"
Judge Clemens yesterday wrote a
letter 10 Mr.. Davis in which the latter
was suspended This letter was to
the effect that irregularities had been
discovered In the deposit of court
moneys and in accounts, not only
when Mr.. Davis was in charge Of the
clerk Office during the late A. K.
MGrphys Illness, but since Mr.. Davis
appointment.
The letter continues, in part, as fol-
lows:
Il am very glad to say that the prac-
tise in the offlce during the, times re-,
ferred to do not show any final short
ages or any other shortages so far as
/ can see, but they do show an uppor-
tunity for misuse OF public moneys
and failure to report and account for
public moneys, at all times, required
by law. I.l.r =
.Ro Other Course Open" -. s
From the conditions and showing
OF the books and records in the clerks
oIfice' and from statements OF Mr..
AleC onneil, special examiner of the de-
partment OF justice -. no other course
appears open to me than to order your
suspension, as / hereby do, beginning
this Tuesday, morning"
Judge Clemens added, in the letter,
that if Mr.. Davis resignation was not
in by today, he would order Mr.. Davis
instant dismissal. This letter, and
another also received by Mr.. Davis to,
DAY, infer that the books, records and
accounts OF the Office were examined
not only by Judge Clemens and Mr..
Mcconnell, but by Former Judge San
lord B. Dole.
MIR. Davis yesterday afternoon re-
tained Attorney r. w. BrecKons as
his counsel. Today he sent a letter
to Judge Clemens giving his explana-
ton of the alleged Irregularities. He
said, in part:
Il note that you say that the prac-
tise alleged to have been pursued by
me shows an opportunity for misuse
OF public moneys. You will remem-
per that as deputy was under a
somewhat heavy bond, and, even
though moneys were kept on hand
which perhaps should have been by
good practise deposited, the govern
lnent was amply protected. :.
Wants Something Eefinite.
Il recognize your right In the mat
ter, and realize that the two judges
of this court can remove me without
giving any reasons whatsoever.
Under the circumstances, however,
/ feel that cannot tender my resig-
nation and receive yipdication, and
may not In all fairness to myself,
before removal takes place, request
that something more definite be CIV
en- me, or that should this not seem
advisable to you, you point out in
what respects, the. explanations here
given fail to clear up the matter?
,-annot haise Question.
While am not quite clear of your
right as q single judge to remove lie.
sirce it seems reasonable thai as the
power of appointment is vested IN two
judges, the power OF removal could
net be exercised by less thai two,
yet at this time of course | cannot
raise this question"
Mr.. DAVIS was appointed federal
court clerk on November IL, 1915. In
statement to the Star-Bulletln to.
day, he sa,d that, since the time IF
his appointment, he has made 10 de;
posi1s in the bankruptcy 49,. mt and
1l dep.,si in TIE fe.sa ab5 casts ac-
d Unit VI Il court