The Pacific commercial advertiser., 1900-12-12
FUNDS FOR
The COURTS
enforcement of New
Rule Makes Trouble.
AILO CIRCUITS DISTRESS
Clerk no Longer Custodian of Money
Paid Into the Judiciary
Department.

torial courts is causing friction and
talk:
1t is hereby ordered that all monies
fpaid into court, whether voluntarily or
Epy tender, or upon the order of one of
the Judges, shall be Immediately de-
posted by the clerk receiving such
monies in the First National Bank of
dawaii to the credit of the Circuit
court of the First Circuit, and sucn
monies shall not be witharawn from
said bank except upon the draft of one
of the Judges OF this court, attested by
THE clerk of the court and the seal of
the court.
Dated, October Is, 1900.
4 The following is a letter from Judge
lGilbert F. Little of the Circuit Court at
rtiio to the First Juoge of the Circuit
lCourt of Honolulu on the matter:
Is i enclose copy of a letter received
from Henry Smith, which explains it
self. aise enclose You copy of
letter received from my clerk, Mr.!
Porter, which also explains itself From
what CLEAN of this correspondence, 1t
seems that by some recent order of
your own, Henry Smith is prevented
lfrom the pursuance of his old methods
heretofore followed in the payment of
the court expenses outside Of Homo
lulu. f ~
way in your Judgment by which your
order could be rescinded or relaxed
without INJURY to public practice or to
public service, in order that Mr.. Smith
lmight pay the expenses of our term in
1.-THE same manner as heretofore, but 1t
tis to- be hoped that by the July term
the. Legislature will have made some
lprovision for the payment Of court ex-
lpenses other than that which has here
Itofore obtained, and less cumbersome. /
You readily understand that 1t
would be an easy matter for me to get
some of my friends to honor checks is
sued by the clerk for the expenses of
the term and then have the auditor ap-
lprove the same and pay it, but / have
no authority to do 1t under the law. OF
lcourse,f IL you cannot do this, / shall
have to ascertain if there are no other
methods which / may adopt to cover
the question. "
My term, 1 understand, will cost ST.
500, inasmuch as it will be a very large
calendar and vast number of crimi-
nal cases, and will include the expenses
incidental to two jurisdictions; 1t may
cost even more than that; it may cost
less; but the clerk informs me that it
will cost in the neighborhood of 1900,
and he knows more about those mat
tiers than / do. 1 will thank you very
much If you will find your way clear
to allow the old rule to obtain. for this
term at least"
Henry Smiths letter is dated Novem-
ber 80 and is as follows:
Owing to circumstances which leave
no room for the exercise of discretion
on my part in the handling of cash de-
posits in this office, 1 beg respectfully
to notify you that from and after jan
uary l, 1901, the method heretofore in
vogue of drawing drafts on me in the
various circuits and then of honoring
them in Honolulu will be discontinued.
| regret that forced
look elsewhere for cash advances with
(Which to pay the running expenses of
your court during term time. In this
connection l would state that it is out
of the question for you to expect any
iald from the Auditors Department as
before making payments out of your
own deposits Gas l have done in the
lpasO and producing the vouchers aft
Ierwards in order to reimburse yourself
From the earliest times, l believe, the
history of this department will show
that its chief clerk had always acted
as custodian of the deposits; that is
necessarily so because of the peculiar
nature of the position he holds, name
ly, that of being quasi trustee of the
funds which he has to account to the
iattorneys and their clients, and to the
Government for it's share of those de-
posits; for which reason, 1 suppose, the
pond that he gives has always been
substantially fixed, which at the pres
ent time is the sum of $4,000.
"A Judicial order recently made by the
Circuit Court, First Circuit, now makes
that court it's own custodian of depos-
It's, the clerk handling them having no
discretion Whatever to temporarily di-
vert their use, not even to paying it's
own 1urymen, court officers and others,
as was the case heretofore, subsequent
~ replacing the same after the term
closed and accounts passed; the effect
OF SAID being to declare deposits as
sacred funds. 1 am led to this belief
on account of the additional stipulation
IN the order requiring that the bank
DOCK or account be made out in the
name OF that court, no money being
Withdrawn except by order of that
court.
Thus you will see the position that r,
as chief clerk of this department, am
paced IN. There is now no money in
my hands that 1 can temporarily use
or advance, as the same has heretofore
peen used consequently, as far as cash
advances are concerned, / shall be un-
able to assist you at the coming term
BUT, nevertheless, I still hold myself
ready to assist you in any other way,
sucn as presenting your term accounts
and vouchers to the Auditors Depart
ment; anyhow, it is my duty to help
you in all matters that you wish dele
gated to me, excepting cash advances
duNise tnat you consult with Judge
Little, apprise him of this matter. and
md out some way Of getting out of the
pilikia
"A copy of this letter goes to each OF
the other Circuit Court clerks
Yesterday by the Kinau a reply was
sent to Judge Little by the First Cir.
cult Judge, which reads as follows:
1T is plain to be seen from a mos,
casual reading of the rule, that it was
not intended to apply to deposits made
py attorneys for costs, but only tt
sums deposited by way of tender. ant
to trust funds which might be ordered
PAID into the court from time to tim,
py one of the Judges
smiths letter to Porter satisfies mt
tnat l did not promilgate the rule II
: question any too soon. IF yo,
are embarrassed by the wan
OF FUNDS with which to hold your court
truiy regret it: but cannot reliev,
the situation by authorizing or permit
ting the use of funds on deposit in thi.
court, or property of non-resiCIents
widows and minors. for that purpose.
Il think that clerk who will use O,
apply trust funds dapoSifed ip co,,r