The Hawaiian gazette., 1901-03-08

The Grand Jury ascertain upon
sworn evidence that minors are ein-
ploycd In the saloons VI the city OF
Honolulu
.fNvEsTIGATIoN OF HONOLULU
POLICE COURT CLERKS AC-
COUNTS,
This Grand Jury have In obedience
with your honors charge, made
careful investigation of the system or
accounts kept at the Honolulu police
court. and have employed expert assist
ance in making an examination of the
accounts.
We have ascertained from an alb
stract from the records, verified by
vouchers, that all costs in criminal
cases under appeal to the Circuit
Court. have been fully paid over to the
Circuit Court in the final sum of
$3.50. go.
Civil Cases, Appeal Costs-The
Grand Jury ascertain that the sum of
5000 20, costs of appeal in civil cases
pending in the Honolulu police court
prior to transferring the civil cases L.
the Second District Court, Should be
in the hands of the clerk, same not
having been paid over to the clerk of
the Circuit Court
Judge Wilcox has testified before this
Grand Jury that he has this amount in
his safe, 1t being the custom of tie
of cash.
In the matter of balances due attor.
neys being amounts of deposits IN eN-
cass of costs of court, this Grand Jury
finds great difficulty, and an endless
amount of work imminent, IN order to
'-et at an accurate statement of the
standing of this part of the police court
clerks accounts
The examination of this matter has
gone back to February 1897, since
Nt.l, nlnt, Ittn hnt or
cumulated, amounting To S7S0.1o, ana
balances due from attorneys. being
amount of costs in excess of deposits,
have accrued in the sum of $3.50 so. as
shown by statement hereto attached.
covering twenty-one pages of type
written matter, and marked Exhibit
c. How much of this sum of $3.50. 10
has been paid to the attorneys by
Clerk Fabian the Grand Jury does not
know, and 1t can only be ascertained
by checking of his receipts, which
would consume several weeks time, as
the clerk of the court is at present
overworked, and can only give a small
part of his time daily to this work, and
in any case we believe it would require
more time than is available during the
present court term.
Moreover. it is within the right of
any attorney to demand a settlement,
so far as he may be interested in these
balances, and a refusal to settle same
would be sufficient excuse for such at
torney to file proceedings against the
clerk for misrepresentation of funds,
and we believe this course preferable
to any apparent procedure open to the
Grand Jury
The Grand Jury have found no evil
dence Of embeZzlement or defalcation
in their investigation of the police
court accounts, but there is an abso-
lutte absence of system in the keeping
of accounts of the court No CASH
book or ledger is kept. and the money
paid in is noted on the record of the
case to which it pertains, and an off
setting memorandum made when the
money Is sent up to the Circuit Court,
or otherwise disposed Of.
AS stated above. all moneys paid the
clerk. and for which he gives receiDt.
are delivered by him to the judge, from
whom he gets no receipt. This, OF
itself, is a very loose and dangerous
practice.
This Grand Jury believe and rec
ommend that the proper authority
should insist that proper set of books
"a caShbook and ledger-be kept at
the police court, and be subject to pc
riodical investigation of, and vertical
ton by the auditor. BY so doing, ac
counts can be kept. showing 1T a
glance, the cash on hand, the standing
of the various attorneys accounts, ard
the funds awaiting payment to the Cir
of this jury that predecessor of the
present police court clerk was tried
for embezzlement, the question at issue
being payments between the judge and
the clerk, and this fact, of itself,
should have been sufficient to bring
about reform.
The Grand Jury feel justified in CEN
surfing Judge Wilcox for permitting the
present unsystematic and loose meth
DDS in his court. We believe being the
~, 4
so long as these methods are allowed
to exist, just so long will the investi-
cations of a Grand Jury and Il possible
Indictment be imminent to him and his
clerk. There is ample evidence that
Clerk Fabian has more work to do
than can be reasonably and properly
done by one man, and the Grand Jury
is quite satisfied that In order to inau-
rate the reforms suggested in book
keeping, more help will be necessary.
The delays in getting appeal cases up
to the Circuit Court appears to us to
be due to want of time for the police
court clerk to prepare the same. In
one or two instances, when the trans
crptions have been prepared by the
attorney in the case, or others, there
has been further delay than is eXcusa-
BILE, but we believe that more help
would obviate the annoyance caused
by those delays
The Grand Jury submit herewith the
following exhibits: "a" 3D." &C." eX-
pert's reports on police courts ac-
counts; ID" clerks record of the pro-
ceedngs of the Grand Jury
In closing their report the Grand Jury
desire to express their. appreciation of
the courtesy and assistance rendered
by the Deputy Attorney General, Mr..
John w, Cathcart. Respectfully sub
mitted
H. f. BISHOP, Foreman;
G. j. CAMPBELL.
l. f. SOULE
JAS. GORDON SPENCER,
$. b. ROSE,
ARTHUR l.. LAME,
F. j. KING,
II. A. PARMALEE,