The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1886-09-15

WEDNESDAY,, SEPTEM'R IS, 1886
AN UNFAIR STATEMENT.

Mondays AdoerhiSer, in discussing
the minority report Of the Finance
Committee, makes the following re-
marks "The unauthorized expendi-
ture appears to have been necessary for
the public service, and therefore should
be legalized by the Legislative Assem-
bly, When the Supreme Court set
example to the other departments of
expending money without authority of
law, the Interior and Finance Depart
ments may very we'll be excused for
following its example. AT the same
time, let it be understood that we do
not justify either the Judicial Depart
ment or the other departments of gov
ernment involved, in contracting debts
and making payments outside the
law" This we think can be shown to
be an unfair aspersion on the Judici-
AIRY. In the report of the Chief JUS
tice 10 the present Assembly, is quoted
letter addressed by His Honor to the
late Minister of Finance, Hon. John
M. Kapena, under date of June 10th,
1885, which gives an account of the
expenditures for the Supreme Court upI
to May Ist 1885, showing them to
have been $4,43966 out of the appro-
priationforthe biennial periodof S., 900.
OF the above amount $4,000 was for
sundry expenses of Court the rest
having all gone to pay jury fees. There
was an unexpended balance Of $500. "a,
and the Chief Justice in his letter
said; "It is evident that about $500
will be required for pay Of jurors for
each of these terms; say the sum Of
$4,000 in addition to the balance in
the Treasury Of $5oo.24, which will be
required for the other expenses of the
Court. ] beg leave to remind Your
: Excellency that ! asked the Legislature
for larger appropriation, anticipating
that $4,000 would not be sufficient. |
must add that the appropriations for
the Circuit Courts are amply sufficient
and there will remain at the close of
the fiscal period unexpended balances
to the credit of each of these Courts.
As the July Term Of the Supreme Court
is now at hand, it is necessary that
funds be provided fer its expenses. ]
beg leave to draw Your Excellency's
immediate attention to this matter, a:
we cannot require jurors to attend tC
try cases unless we are prepared to pay
them for their sefvices.' The repor
goes on to say that in July the Chic
Justice received a verbal reply from
the Cabinet that they had set apar
the sum of $3.50 fT this purpose, OF
which he could continue to draw. Oh
the 18th OF February, 1886, ascertain
ing that this sum was exhausted, tn
Chief Justice addressed the Ministe
Ct Finance another letter, askin
fr further sum of 5000, but n
ceived no reply from him. The repo
explains that, "the increase of ltigatio
requiring juries whose services are no
pa for at the rate of two dollars D,
=, and one dollar for each verdict,
the main item Of these expenses" ais
III tall the important civil cases on Il
other islands being brought to Hon
luu largely increased the amount
business. The Chief Justice rende
an account of the expenditure of Il
money used in excess of the appropr
tin, after his request for necessa
funds was ignored. The amount
just $Iso.7o, and on that account i
judiciary has, it seems, to be lectur
for leading the other departments
race into debt. This little amount "
advanced by the Court to save t
country from q judicial deadlock, VIII
the Ministry we're haughtily obliviS
TO the serious emergency. If there