The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-21
WILL MAKE
THE TEST
Appeal toSupreme
Court From
Auditor.
SMITH AND DEBOLT
SIT With PERRY
Case to Determine Circuit Courts
Right to More Money Set
for Today.

! The appeal from the auditors refusal
to allow a transfer from the general
! expense fund of the $5O4O paid to Cir
cult Court bailiffs was submitted to the
Supreme Court yesterday. 1t will be
heard this morning, according to the
F., present program. Associate Justice
Perry has called to sit with him on the
/ supreme bench the Hon. w. o. Smith
and J. T. De Bolt, members of the bar.
There was no submission of an agreed
statement of facts yesterday, the ap-
peal being made merely from the rul-
ing of Auditor Austin upon the de-
mand of Judge Humphreys This APP
peal is provided for in the Session Laws
of 1898 in cases Of dispute between Off
GERS of the government and the CORE
spondence between Judge Humphreys
and Auditor Austin comprises the pa
pers in the case submitted to the Su-
preme Court.
Attorney General Dole will appear in
behalf of the auditor and will not OPP
pose the appeal, simply agreeing to
submit the matters involved to the de-
cision of the court. Judge Humphreys
will appear for the Circuit Judges, and
upon him will rest the burden of proof
The contention of the judges in sup
port of their position is condensed in
the demand first made by Judge Hum
phreys upon Auditor Austin. This was
as follows:
Honolulu, August 10, 1902.
Z - - -
Hawaii:
1 am informed that the sum of 5000,
which amount covers the salaries of
the various bailiffs of the several Cir
cult Courts, has been paid out of the
expenses of the Supreme and Circuit
courts. If my information is correct
respectfully submit and contend that
such payments out of said appropria-
ton was without authority of law, and
L now respectfully demand that said
sum of 5000 be credited to the Judi
ciary Department, so that the same
may become Immediately available to
meet the current expenses of the Su-
preme and Circuit courts. l take the
position that the bailiffs in question are
entitled to be compensated and TO re-
ceive their respective salaries from the
Treasurer of the Territory, upon your
under Sec. of Act 10 of the
Law of 1901. which section / contend /
carries an appropriation.
Respectfully,
A. S. HUMPHREYS,
Judge.
The answer of the auditor was sent
oy Attorney General Dole, with a state
nent that he would facilitate an appeal
n every way possible. The auditor
Ldnlits the draft upon the judiciary ex-
,ense fund for pay of bailiffs, their
having been approved by the
judges. Auditor Austin fur
her says he does not feel clear that the
POSITION of Judge Humphreys is correct
r that he can safely comply with the
emand without the sanction of the
supreme Court He disallows the de-
1and and says: II respectfully sug- 4
est and request that the question be
submitted to the Justices
f the Supreme Court for their decision,
ursuant to the provisions of Section 16
f Act xxx of the Session Laws Of
1913 together with the question wheth- I
r, if Section 5 of Act X of the Laws of
,O1 amounts to an appropriation, what
ans other than the specific salaries
re appropriated thereby and what is
lie aggregate amount Of the appropri-
ton provided by said act" r
To this Judge Judge Humphreys re-
led. making a formal appeal to the
letices of the Supreme Court.