The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-20

CLAIM RAIllFFS
DREW WRONG FUND
Conference With Governor Brings
ResuIt-WilI Submit Case TO
Supreme Court.

a
the three circuit judges and Governor
Dole a way has finally been dis
covered by which probably money
will be obtained to carry on the
courts at least until legislature
meets This is by paying back to the
general expense fund, the amounts al
ready paid to the bailiffs appointed un-
der the Humphreys act and amounting
to about $4,000, leaving that sum to be
used for the general expenses of the
Supreme and Circuit Courts.
1t Is now claimed that the bailiff act
as passed by the legislature intended
that the bailiffs should be paid out of
a special appropriation. Instead of
that the salaries of bailiffs have all
along been charged to the expense ac-
count and was one of the factors in the
early depletion of that fund. There is
now in the hands of the treasurer $4,000
OF S. 600 collected by the district magis-
trates which might possibly be used for
the payment of the bailiffs, there being
no special appropriation for the pur-
pose by the legislature.
A demand was made upon Auditor
Austin yesterday for funds from the
general expense account the fact of the
alleged wrongful charge of bailiff saia-
ries against that account being set out
by the judges The Auditor stated his
willingness to comply with the request
upon a court order, and it was agreed
that the matter should be submitted
TO the Supreme Court for adjudication
This will probably be done today upon
an agreed statement of facts between
the Auditor, and possibly some citizen
TO whom money is owing from the
court fund One OF the jurors will very
likely be pressed into service for TINS
matter, and an opinion requested at an
early date. Justice Perry is the only
member of the Supreme Court now in
the Territory and he will have to call
in two members of the bar to sit with
him in the case.
The conference between Gov. Dole
and Judges Robinson, Humphreys and
Gear was held yesterday afternoon at
three O'Clock, the latter adjourning
court for the purpose of attending. In
the morning the judges sent letter TO
the Governor, which however was not
received until afternoon. 1t was filed
in the clerks office before ten O'Clock
Yesterday morning-being in the fol-
lowing form:
Honolulu, August 10. 1902.
"To the Governor.
''Sir:-We have the honor TO INFORM
you that the appropriation for the eX-
penses of the Supreme and circuit
Courts is now exhausted and that pay
ment of necessary expenses ncurreo
during the present August term OF the
Circuit Court of the First Circuit mas
been refused for that reason, and 1t
-
the business of the present term unless
some funds are supplied for doing So
I'VE beg to inform you that yester-
day Chief Justice Frear estimated that
between $4,000 and $17,oVJ would De
required iraorder to meet the necessary
expenses of the courts for the next SIX
months. This, of course, will not ad-
nit of any extra session of the CIR
cult Courts.
1--WE have the honor to remain,
"a. s. HUMPHREYS, 1st Judge.
GEO. D. GEAR. I'd Judge
s'W. ]. ROBINSON, Sd Judge.
Governor Dole Immediately requested
a conference 20 which the judges
promptly responded. The method ABOVE
stated for the relief of the courts was
outlined at this meeting, the governor
and the three circuit judges agreeing as
to the legality of the plan The de-
mand subsequently was made upon
Auditor Austin.
The bailiffs under the Humphreys law
have been paid since last May out Oh
the expense appropriation PreVlous 10
that time bailiffs for the courts ndu
been furnished from the High Sherln
department and the expense was CON
sequently not borne by the courts
There are two bailiffs in the hrst CIR
cult, appointed by the judges. each Oh
whom draws eighty-ffVe dollars per
month. Judge Robinson's baillH. George
Sea nerforns the same duties for the
Supreme Court and he is paid out OF
the salary fund. Judge Little. judge
Edings. Judge Kalua and Judge Hardy
all have bailiffs though, for the !asI
three judges, they receive salary OF
but fifty dollars per month The totai
OF the salaries paid to balllI1s LOT .llta
teen months is approximately $4,000.