The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-16
BAD NEWS FOR THE CLERKS.
GEAR MAKES A RADICAL DE-
PARTURE.
Court Clerks to Get No More Jobs as
Commissioners-smiths Criticism OF
Thompson and Fishers Fee.

Judge Gear this morning made a re-
mark from the bench which was a
bombshell among the court clerks and
created CONSERVATION in the Office pre-
sided over by Henry Smith. 1t was to
the elect that he would not appoint
any of the clerks to any more commits
sions in probate matters, but would
select outsiders. This would cut the
clerks out of very nice source OF re-
venue. The judge said that the clerks
had been pickering so much over the
propositions that he would leave them
all out altogether
The question arose when the protest
Of Henry Smith, to the allowance of the
aucuoneer's fee of Col. viii H.. Fisher
in the matter of the estate of Adeialue
Schlief ct al. against j. Q. Carter. ct al.
Fisher had been awarded the fee usual
i'm such cases, but Smith filed an OBJ
lection j. A. Thompson, one of the
court clerks, had been appointed COM
missioner, and Smith took occasion 10
criticise the acts of Thompson.
When the case came up this morning
Judge Gear sat heavily on the contest,
and he declared 1t a squabble of the
clerks. He said that there was too
much pickering, and that there was no
reason why Fisher should not have the
fee awarded. The money had been
earned and the charge was the usual
one for such cases, and the court said
that there was no apparent reason why
it should be cut down.
Judge Gear made no order in the
matter, stating that he would wait for
the final accounts and the claims for
attorneys fees, and then settle all at
once lie did remark, however, that he
would not appoint any of the clerks
commissioners in such cases again and
this is what alarmed the clerks.
Smiths protest was in part as fol-
lows:
There have been times when the
services Of an auctloneer were not
needed, in which case the commissioner
would have to do his own selling and
thus save his own fee from diminution
/ would not say THAI Commissioner
Thompson was not justified in engag-
ing an auctioneer; but | do claim that
they should have pre-arranged the
matter Of auctiOneers compensation.
In this case there has been no such
encouragement, a matter that the
heirs had thoroughly relied upon,
"In this instance 1t was a pre-ar-
ranged understanding between the
heirs and j. A. Thompson that he be
nominated as commissioner. and the
latter had promised to carry out the
work and orders Of the court at as little
Cost 10 llle utlib do lOo9lbl'' li"A Al'N
such a promise been made the nomina-
ton would have gone to some one else,
and there was at least, one other aspir-
ant for the office.
mot long ago I'm another partition
case, Judge Humphreys required Of the
commissioner that he procure written
bids from the two Honolulu auctioneers
as to what they would charge for their
respective services. The bids were re-
ceived and thIresult in that case was
very satisfactory to the parties con-
cerned.
Commissioner Thompson was fully
aware Of the order made by Judge
Humphreys, and the heirs I'm this case
fully expected that he would conduct
his sales on the same basis; his failure
to do so has dspleased the mother Of
my ward and perhaps the other heirs
too, She even goes 50 far as TO claim
that Commissioner Thompson's failure
to reduce expenses ought to deprive
him Of any commission and that the
auctioneer should get what has been
ordered paid TO the commissioner, as
penalty for his seeming neglect.
Returning now to the purported
claim of the auctioneer. TO bring up
that matter In the shape OF a claim In
this case, i'm face OF the fact that the
commissioner repudates II on the
Ground OF eXcessiVeness and on the fur
ther ground that for the commissioner
to make the claim would be inconsls-
tent with the wishes OF the parties
made at the time OF receiving his nomi-
nation as commissioner would be an
unheard-of proceeding. I must there
fore perform my duty and object stren-
uously to Fishers alleged claim"
The rate Of charge made by Col.
Fisher is the same as was allowed to
Morgan in another case, by recent or
der OF the court.