The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-04
FIRE COURT
IN ERROR
Gear Takes a Fall
Out of Legis-
Iature.
|FERRElRA MUST
REMAIN IN JAIL
August Term Begins Today-Term
Ends With $1,000 Verdict
in Damage Suit.


Judge Gear made another OF his Gus
tomary attacks upon the legislative and
executive departments OF the govern
nent Saturday in considering the APP
plication for a nandamus by Mrs. h
Luning against the Fire Commission
There was only an application for a
continuance before the court, which
both parties were willing to grant, but
this did not deter the second judge
from deciding the matter, as well as
giving him an opportunity to declare
illegal the legislative act creating the
court, and also holding the Executive
Council . be without right to exist
ence.
When the matter was presented be-
fore Judge Gear Saturday morning
Deputy Attorney General Douthitt ask
ed for continuance and leave to file
his return. The court asked him TO
read it. which he did The return set
out that the commission had a right
to fix fees for certificates as this was
purely outside of the duties imposed DyI
the laws, and that it was sufficient
to enter up the judgment and nothing
more. The certificates need not be
taken out by the claimant but ne might
rely simply upon the recorded judg-
ment of the court. II was further set
out that the commission was empower
ed to make rules and regulations for
the conduct of its business, and this
was one of them. 1t was further said |
ID the return:
THAT In the latter part of year
1901 appropriations available fer the |
work of said Commission became ex-
hausted. and it was impossible to COM
plete said work, to enter up awards or
judgments. and issue certificates there
OF. without funds necessary for pay
ment of clerk hire and other expenses
Incident thereto. That the Commits
sioners thereupon borrowed the sum of
four thousand dollars ($4.o0o.00) from
divers public spirited persons. they. the
said Commissioners, pledging them
selves to do what they could to have
said loan repaid as soon as possible;
that the work of the Commission pro-
ceeded until said sum of four thousand
dollars was exhausted; that there then
remained but little more to do, and 1t
that by an expenditure of
about one thousand dollars more the
work could be completed, the awards
Or judgments entered up, and the GER
ifcates thereof issued; that the next
session of the legislature was then
many months in the future. and the
distress TO which claimants would be
)ut by delay and the danger of unfOre
seen events multiplying the entire work
II the Commission made it a matter OF
great public Importance that this work
should he finished"
Mr. Douthitt in his application for
ontinuance said that the Attorney
General wished to argue this matter
n Ierson, and that he would not be
BILE to do it until Friday Of this week.
ecause of other duties
Judge Gear replied that he didn't re-
uire much argument. as he had made
lp his mind in the matter. and in >
imated that he would hold the fees
or certificates to be illegal The court
eferred sneeringly to the public a
pirited citizens who had given $4,000 7
ut were not public spirited enough to s
i've the additional $1,000 required to s
omplete the work Of the court. and 7
Or which purpose the fees We're charg- +,
d. He said further that this action T
n the part of the commission was lille II
al. there being no authority in the act
or it.
''The legislature attempted to create
Supreme Court 10 determine these
aims.' said Gear, an act clearly not
iliiiAi It's powers ana not given DE the u
rganic Act. 1t is self evident that
Mess there is some power in the act !.
the legislature specifically giving the n
ght TO charge fees. the action Of the II
commission was Illegal in attempting
} raise $1,000 in the manner it did. If
could charge $500 in the manner ii
i'd. it might have raised $4,000, and
lere would have been no necessity for
llling upon public spirited citizens at
L.
Mr. Cathcart explained to the court.
no was somewhat confused in his y
atements in regard to the matter,
lat the fees collected had been sufI-
ent to pay the $4,000 borrowed from or
erchants also. 81
The court desired to set the hearing