The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-12-13
MISUSE OF TRusT FUNDS.

MISUSE OF TRUST FUNDS.
The Republican fails to see wherein
Justice Frear or anyone else can see
anything in Judge Humphreys letters
TO Judge Little condemning the use n
funds deposited in the courts for other
purposes than lose for which they
were expressly deposited That Judge
Frear does apparently see something
To criucise in Judge Humphreys let
tiers. according 10 his interview in the
Star written by himself, is evidence
that in denouncing the old methods
Judge Humphreys has again run
against one OF the sacred institu-
tons of the family compact.
II is indeed high time that the prac-
tee OF using ior the expenses of the
court. funds deposited in court for
trust and sacred purposes, should
cease. Such a practice is not alone
reprehensible: it is absolutely dishon-
est and in any court in America. out
side OF Hawaii. a clerk who would so
use the funds deposited with him
would be indicted by a grand jury for
maifeasance in Office or for embezzle-
ment. and the Judge who would permit
or order such misuse of funds would
be impeached. Courts are supposed
TO DE the very embodiment of the law
and of justice and yet the courts of
Hawaii have in this method Of using
sacred funds, been guilty of the most
glaring transgression of the law. Such
matters as this lend color to the
claims OF favoritism. if not corruption.
ON the part of Hawaiian courts and
judges sometimes advanced in the
past.
Simply because this has been the
custom is no reason why it should be
continued and Judge Humphreys was
right in issuing the order he did re-
garding funds deposited in court and
in saying what he did in regard to the
corrupt practice in ms letter to Judge
Little. If the Territory of Hawaii
cannot provide funds for the conduct
of the courts then it ought to cease
TO exist. We notice. however. that
there is no trouble in providing the
necessary funds to pay the salaries of
the hundreds of useless employees of
the Territory.
Custom makes laws, but unjust and
Illegal custom does not make right In
criticising Judge Humphreys action
Justice Frear practically takes the
position that Clerk Smith has been
right in thus using trust funds for any
purpose that he saw fit. This is to be
expected from man who as mem
Der OF the Supreme court permitted
the charging of illegal fees in natural
ization cases after the illegality Of
such charges had been pointed out by
this paper.
Under the old order of things here
judgments were not kept in judg-
ment book. even il they are now. The.
only record of Judgment is the type
written copy filed and the clerks
minutes. This copy could be easily
extracted under the loose system pre-
yailing. as could Almost any other pa
pers in a case. No minute book was
kept until Judge Humphreys went on
the bench. the minutes being written
on blanks and flied with the other
papers which were kept in wooden
cases in the building which the first
Ere would destroy. No Register cf
Actions has ever been kept. no judg-
ment docket or other modern record
books TO be founa in every court If
record throughout the United States.
Simply because the men on the bench
IN Hawaii heretofore knew so little
of law and OF legal practice and pro-
cedure that they found no use for
these very necessary record books is
no reason for going on forever without
them or until some serious scandal
should result from the loss OF the
loosely kept records. Neither is there
any valid reason to continue the sys-
tenn OF illegally using trust funds de-
posted with the court for the purpose
of meeting such current expenses as
the clerk saw at TO apply them to.
Judge Humphreys has simply done a |
conscientious duty in demanding thst
trust funds shall be held inviolate for
the purposes for which they were de-
posted ana, whatever the momentary /
sHock may be. he win in time receive
the cordial endorsement of the people |
for what he has done. Judge HUM |
phreys began his career by placing
human liberty, personal rights, per
haps. paramount TO property litigation. |
The man who as in prison unjustl,-.
anc many innocent men get there. ap-