Newspaper Page Text
THR GARDEN ISLAND TUESDAY, MARCH 20, 1917,
The Brown Case
(Continued from Page i)
understand how nnyonr could con
strue cither the law or the decision
on demurrer in thin ease to refer to
such n notice.
Tlio minutes of tin se mcrlinus
show no record of any notice to
Mr. Brown of nny reason for his
dismissal or of any hearing upon
nny notice to him of nny chaiv
whatever. Nothing was done at all
on August 'loth, nnd this date in the
return is evidently a mistake. That
petitioner's dismissal would he
for the "benefit of the department"
is never once referred to in the
minutes. The only action taken
by the Department of Public In
struction was to vote "that no
further action be taken in the ease
of the Drowns." The minutes
show a vote "that the Hoard take
up the Brown matter," followed by
nn entrance by Mr. Brown, Mr.
Fred Patterson, their attorney and
others "Statements made under
the direction of Mr. Patterson by
Mr. Brown and Mrs. Kerr" in the
morning of August 14th and in the
afternoon "statements were made
by Mrs. Brown and Mrs. Baseh;
also by Mr. Kinney and Mr. IJay
mond followed by argument by
Mr. Patterson." Mention is made
of withdrawal of the Browns and
their friends. Then follows in the
minutes these words: "BROWNS
NOT APPOINTED: After deli
beration, Mj Knudsen moved that
no further action be taken in (In
case of the Browns. Seconded by
Mr. Smith and carried." If in the
meeting any notice was given Mr.
Brown as to reasons for dismissal,
tl io secretary did not know it and
record the fact. The remarks made
by Mr. Kinney and Mr. Raymond
were made nt the end of the hear
ing not the beginning and could,
not have constituted any notice of
any charge to be met. She record
ed action taken later in the day by
the Department shows no vote on
any charges ami no finding that
Mr. Brown's dismissal "would be
for the good of the department. It
has apparently never made any
From the uncontradicted evidonce
and admissions of respondents I
find the following fads:
The Department of Public In
struction holds a regular meeting
every year in May for appointment
of teachers to all the public schools
of the Territory and such a meet
ing was held in Mav 1!)K. Prior
to this meeting no notice, oral or
written was given petitioner that it
was charged that his dismissal would
be for the good of the department
or that he would have any hearing
on any such matter or any other
matter looking toward his dismis
sal and on the contrary April 4,
li)l(), a circular was sent him by
the superintendent of public in
struction informing him that the
Department of Public Instruction
desired data for use at toe meeting
in May when, the assignment of
teachers for the coming year would
ho mndc and asking him whether
lie wished reappointment to the
same school or a transfer to another
school. At the May meeting with
out notice, to him another teacher
was assigned to the position held
by him as principal of Waimea
school and he was assigned to no
position. lie was given no notice
of this but discovered it from news
paper reports. lie appeared at a
meeting of the Department of Pub
lic Instruction August 14, HHC,
but not in response to any notice
from the Department of any hear
ing for none was given him either
oral or written. So far from giving
any such notice Mr. Kinney, the
Superintendent of Public Instruc
tion, prior to the meeting told Fred
Patterson, attorney for petitioners
that the August meeting was open to
the public ami Mr. Brown might at
tend but that so far as he, (the
superintendent) was concerned, the
matter was closed. At this August
meeting no charges as required by
law, were made and the only ac
tion taken was a refusal to re-open
a matter that had been acted on in
May. I find that Mr. Brown has
never been given a notice of reasons
f"i- dismissal, that he never had
a hearing on any such subject, and
that the Department of Public In
struction has never made a finding
that there were any reasons for his
dismissal but have wrongfully dis
missed him from the service with
out either notice of reasons for so
loing. any hearing or any vote that the following Ooveinment land:
mi uii.i1. : i i 1 - ...
Notice of Sale of t
At 12 o'clock noon, Tuesday,
April 17th. 1917, nt the front door
of the Cnnitol Building, Honolulu,
there will be sold at Public Auction,
any such reasons existed
A letter of the superintendent to
Mr.Brown dated August l!)th.,l!tl(i,
notified him that he would not be
considered in the employ of the
Department oi Public Instruction
on or after September 1, 1!)1C, for
the reason that he hail not been ap
pointed to any position for the
school year beginning on that date.
No reference is made here to any
not iee or any hearing. This letter
Kapaa Town Lots, Kauai.
No. Block Area Price
it A 2'".)(K) sq. ft. 8 .r(
10 A 11 110 sq.ft. I'M)
11 A l.'uoO sq. ft. KK)
12 A 22000 sq. ft. KK)
7 1! l."()7") sq. ft. 25
Purchaser to pay cost of stamps.
For maps nnd further particulars,
ipplv at the olliee of the Sub Agent,
indicates, in a few words, what ap- Miss Bern ice E. L. Ilundly, Kaj
p.-ars to have been the attitude of
the Department throughout, tin-
same urged in the demurrer, i. e.
that no notice or hearing is neces
sary under our laws.
To sum up, I find that the allega
tions of the alternative writ are true
and that petitioner has been illegal
ly dismissed from his position as
public school teacher. Let a per
emptory writ lie issued as prayed
Lilme, Kauai, March 1!, li)17.
Lyi.k A. Dickkv,
Judge Circuit Court Fifth Circuit.
Kauai, or at the olliee of the Com
missioner of Public Lands, Capitol
B. (i. RivKMiruiiii,
Commissioner of Public Lands.
Dated nt Honolulu, February 2N.
March r.-l:?-20-27. April 3-10.
NOTICE TO CREDITORS
Concert And Dance .
Estate of Charles Blake deceased.
The undersigned, having been
duly appointed Administrator of
the Estate of Charles Blake, de
j ceased, hereby gives public notice
to all creditors of the said deceased,
- to present their claims, duly :tu-
A grand concert and dance will tiicnticated and with proper vouch -he
given at the Wain ion Hall Satur- jers. if any exist, oven if the claim
ilny, .March.;, r.M , for the hone- : i- secuieil iy mortgage upon real
lit of the Temple of the Church of .estate, to him, the undersigned, at
Jesus Christ of Latter Day Saints, j Ids olliee in Waimea, Kauai, with
now in course of construction ntjin six months from the date of the
Laic, Oahu. first publication of tins notice, such
People from all parts of the Is- date being February 20, 1017, or
land will participate. 'said claims will be forever barred.
Some of the numbers arc: i Waimea, Kauai,, February 20,
Tableau, "Namailc" previously , 1"17.
.riven nt k'nnn:i nn.l U'.nvni. U. L-KOW hl.L,
c ....................... j ... , r
, .,, . . . ,. ! Ainnmisiraior oi uic i'i;uc oi
nau peopie win noi soon iorgei. it i , , , , , ,
, ., , .. , , . , Charles Blake, deceased,
is a beautiful Hawaiian legend, with , (b. .() 27. Mar. (, 13, 20.
its setting at Wanna and portrays
the ancient life and beliefs of tin
people. Along with other luimbcrs
it wjll be given by the Kapaa people. (
"Song of Nations." In this vari-!
ous nations will l)e httniplv repre-1
sented in costume and sofig.
Solos from Lihue and Koloa. j
Duets, chorusis and instrumental:
selections from Waimea and Keka-I
ha. (iood music for the dance will
be furnished by the "Ilinia (Sice
Refreshments will be solved.
Prices of admission :
Reserved !.7" and ?l.0()
Everybody welcomed so don t for
get the date and follow the crowd
on Saturday, March 111, 1017.
B - fs
We Help Our Cua-
tbroere to Success :
With Presentable, g
tt 1 I tn n
On March 2 at Lihue, brown
1 2 years old. Right bind foot
white. Brand R on left hip. $10.00
reward. Notify (iarden Island olliee
or Albert (iandall.
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