The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-01
.DEFIES THE COURT


The contempt fever appears to- have
spread To- the district magistrates of
Hawaii and, I'm consequence. the judi
cial and police branches of the govern
mcut are at lOggerheads. Adyices of
|a peculiar complication We're received
yesterday.
1t appears that Judge u. Paakld the
| district magistrate at Waimea, South
/ l[Ohala, recently summoned Deputy
Sheriff Samuel Mahuka and directed
/ him To- notify II. r.. AkOna, the prOprie-
| tor of the slaughtering place i'm that
town, to clean up the premises and
| remove the nuisance within ten days
under penalty of arrest and prOseCu-
/ ton. The deputy sheriff was directed
| ESPECIALLY to be ready to swear out d
warrant against Akona, If the latter
refused to obey the order.
Mahuka notified the slaughter place
proprietor of the order of the court
/ The deputy sheriff did not tell Akona
/ that the residence of Judge Paakiki
Twas close to the slaughter place but
| probably AkOna was aware of this
fact In any event, Akona complied
with the order, to the extent of having
/ the place cleaned up 90 the approval of
the agent of the board of health. TN.
sluugh teriug place, which is used by
the proprietor and the Parker ranch
people was not removed however.
7 IN NlIItu 80, D NNBt I dihlkl summon
7 ed Mahuka and notified him to tell
/ Akona to remove the nuisance. Ma
huka kicked. He replied that he had
/ had the man clean up the place, that
I the cleaning had been done to the per-
feet satisfaction of the board of health
/ representative. and that Mahuka did
not see that he had any authority to
go further. In fact, he demurred about
ordering the removal of the slaughter
I Iva mi In hl
/ he did not consider he had any right to
/ do SO.
| Then the dignity of the court got on
it's hind legs and snOrted. Judge Little
/ before he "ducked" out of town, had
/ fined Deputy Sheriff Andrews 800 for
/ contempt, for not executing an order of
the court, why could not the district
magistrate do likewise with a minol
| deputy sheriff? Judge PaakiK then
| delivered a long opinion regarding the
/ dignity of the court, how it must be
/ upheld, respected and not be deiied
and ended by declaring that he con-
sidered Mahuka guilty of contempt of
court and ordered him to pay fine of
| IS or i'm default thereof, to be imprison-
/ ed for, the ten days.
But imposing such a fine or imprisOn-
ment was one thing, as the court APP
preciated, but executing such sentence
/ was another. as Mahuka demonstrated.
Mahuka then drew back on his dignity
| and refused to pay a fine or serve
/ the sentence. Paakilli has since been
/ in a Quandary. He has no bailiff whom
! he can command to execute the order
and take the deputy sheriff into GUS
tody, and as Mahuka holds the whip
hand on the other officers, it looks as
liz the contempt sentence would hang
until it shrivels up.
! AS deputy sheriff, Mahuka declares
/ he is the jailor, and that if any officer
dares to try and arrest him, he will
Immediately fire that officer bodily
In fact, if a husky enough officer could
/ be found to undertake the commission
Mahuka will have the whip hand, for
4 he could declare that, as jailor, he had
| the custody of himself and would be
/ free to move anywhere he pleased.
! High Sheriff Brown was notified oil
the situation and he contemplates the
deadlock with considerable amusement
/ 1t is not likely that any officers will be
| sent by the high sheriff, to enforce the
/ Hawaii contempt proceedings although
the gallant Marshal Ney might be
I loaned by Judge Gear for the special
occasion.