The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-09
PASSENGERS ESCAPED JUDGE VERSUS B BTE HCB SMM THE DEGGGN PLIGHT THE LOCAL MEHEE
UNITED STATES JUDGE SEXES
A COURT ROOM.
Brings to a Crisis the Question of Pro-
prietorship and Control of the Judi
ciary and other Public Buildings.

ciary and other Public Buildings.
MIR. CLERK, IT is ORDERED
THAT THE UNITED STATES MAR
Shall BE DIRECTED TO TAKE
POSSESSION OF THIS COURT ROOM
AND KEEP THE KEYS, AND HOLD
POSSESSION OF IT FOR THE PUR-
POSE OF PUBLIC BUSINESS OF
THE UNITED STATES DISTRICT
COURT UNTIL THE FURTHER OR
DER OF THIS COURT.
Ut IS FURTHER ORDERED THAT
THE MARSHAL PROCEED IMME-
DIATELY UNDER THE LAWS OF
THE UNITED STATES AND GET
SUCH BIDS AS MAY BE NECBs-
SARY IN GETTING AT LEAST SIX
CHAIRS, NOT EXPENSIVE, TWO
PLAIN TABLES, NOT EXPENSIVE
TABLES FOR THE CHAMBERS OF
THE JUDGE OF THIS COURT, NOW
SITUATED IN THE WAIKIKI END
OF THIS BUILDING.
"AND THAT SAID MARSHAL
SHALL PROCEED FURTHER TO
PUT UP SUCH SHELVING CPLAIN
SHELVING) AS MAY BE NECES-
SARY FOR THE ACCOMMODATION
OF THE JUDGE OF THIS COURT
in THE CHAMBERS OF THE JUDGE
OF THIS COURT AS ABOVE SPECI-
FLED, FOR THE EXAMINATION OF
BOTH MEMBERS OF THE BAR AND
THE JUDGE OF THIS COURT"
The above is an order issued by Uni
ted States District Judge Estee in the
west court room of the Judiciary build
ing this morning That room, in which
Judge Silliman had been holding court,
is the one referred to. Marshal Ray
complied with the order by taking pos
session of the keys of the ROOM
The affair produced an immense SEN
sation in court and legal circles. There
is no clash between the Hawaiian and
! United States court on the matter,
though one wing of the Circuit court is
CLOSED out ana VIII nave to flnd a court
room somewhere else.
The climax came as the result of cor
respondence between Judge Estee and
j. A. McCandless, superintendent of
public works. On Tuesday Judge Estee
wrote to McCandless requesting him to
place desks, a book case, witness stand
table, chairs and some other odds
and ends in the old legislative hall down
stairs for the use of the District Court
do
that he could not comply with the re-
quest for the reason that there was no
appropriation for the purpose. He sta
ted that the appropriation was for re-
pairs to the Judiciary building and that
furniture was not included in it.
That was all right, and in the light Of
subsequent events, would probably have
been accepted by Judge Estee.
On the same day. however, Mr.. Nc
| Candless wrote another short letter to
Judge Estee that started the volcano.
In it he stated that the rooms on the
lower floor at the Waikiki end of the
judiciary building had been assigned
to the court temporarily for its use
and that the matter of rent of the
rooms could be arranged later.
| Yesterday Judge Estee replied sharply
to this latter note. He stated to Nc
/ Candless that he would be expected to
| fix up the rooms; that the District Court
| could not think of a temporary occupa-
/ tion of the place; and that the United
States was not paying rents on its own
| property. He denied the right of the
! Territory to collect rent from the Uni
ted States on any public property
Yesterday afternoon Mr.. McCandless
replied at some length to this letter.
! With regard to the temporary occupa-
| tion of the rooms he stated that the
large one at the Waikiki end was a
/ lG "a hDn
! be used; If 1t We're not so used, how
ever, another place for the legislature
would have to be secured, which would
| bring up the question of rent. The
superintendent went on to say that the
Hawaiian government was very much
crowded for room and that a letter
had been sent to the Secretary of In
terror recommending that the United
states erect building here for the ac-
commodation of the offices of the sew
eral departments. With regard to the
ownership of public buildings the Sup
erintendent called the attention of the
Judge to the following section of the
Hawaiian bill:
Section 81. That the public property
ceded and transferred to the United
States by the Republic of Hawaii under
! the joint resolution of annexation, APP
proved July seventh, eighteen hundred
and ninety eight, shall be and remain
! III lne POSSESSION, use, ana control OF
the government of the Territory of Fa-
wall, and shall be maintained, menarcd,
and cared for by it, at its own expense,
until otherwise provided for by Con-
gress, or taken for the uses and pur-
poses of the United States by direction
of the President or of the governor of
Hawaii. And all moneys i'm the Ha-
waiian treasury and all the revenues
and other property acquired by the Re-
public of Hawaii since said cession shall
be and remain the property of the Ter
ritory of Hawaii"
Judge Estee did not answer this let
ter. He slept on 1t over night and this
morning took possession of Judge Sill
mans court room upstairs in the build
ing. Marshal Ray formally opened the
court. He was accompanied by Chief
Deputy HendrY. AT the clerks desk
was Official Stenographer Reynolds
who took down the proceedings in full
The court began by announcing Ia
the attorneys and others present that
he had a most important matter tC
bring up. Drawing a packet of letters
from his pocket he read those sent by