Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-11
JUDGE LITTLE FINDS
SHERIFF ANDREWS
GUILTY OF CONTEMPT

citation by virtue of the provisions OF
section 30 of Act 80 of the Session
Laws of 1898, which was passed and
approved and went into effect prior to
August ~, 1898, and even prior to
July T. 1898, the date Of the passage
OF the Act of Annexation.
he Attorney General and High
..eriff and the defendant Sheriff of
Hawaii, the latter who is, under the
law, the immediate executive officer
of this Court and subject to its orders.
seem to be deluded by the irresistible
impulse to assume not only judicial
powers but as well to attempt to dOmi.
nate the hearts, minds. consciences
and actions of the Judges and courts
o, this Territory, as was the practice
in these Islands in former years; this
cannot now be accomplished. II would
be well enough for them to remember
that our American system Of Govern
ment is distributive one from the
foundation upwards and the powers of
sovereignty are distributed to different
and Independent governmental depart.
ments. The three great departments
are Independent in the true sense Of
the term and not simply coordinate.
In our system the judges are actually
invested with the elements of sover.
/ eighty given to them by the Constitu.
I ton and laws of the United States;
and the principle that one department
cannot exercise sovereign functions at.
/ tributed to another is given effect in
many and distinctive forms.
Section 81 of the Organic Act pro.
vides among other things as follows:
THAT the judicial power of the Terri.
tory shall be vested in one Supreme
| Court, Circuit Courts, etc"
Section 6 OF the Organic Act pro-
vides that laws Of Hawaii not incon.
sistent with the Constitution and laws
of the United States or the provisions
OF this Act, etc, shall continue in
force.
Article 3, section 2, Constitution of
the United States, provides as fol.
lows: The judicial power" shall ex.
tend to all cases in law and equity
etc. and the judges are bound by its
provisions.
At the time of the enactment of sec.
tioR 29 Of the Session Laws of 1898, the
Attorney General was a Cabinet Min
lister and exercised a different func
ton than that given to the Attorney
General under the Organic Act and un
der American laws. Under the Or
ganic Act and under the inheritant and
implied powers of courts the Attorney
General is only the head of a subordi
nate bureau of the Government and
can in no sense exercise authority over
or dominate the proceedings of court
OF record or refuse to obey or evade OF
ignore judicial orders of a court of rec
ord properly made.
Section 30 in no sense invests the
Sheriff Of Hawaii or the High Sherif
/ or the Attorney General. or Auditor
! OF the Territory with the right to col
lect the fines and forfeitures assessed
by ti..s court or by any other court OF
record In this Territory. He is not a
public accountant" for the court. He
is the executive officer and receives
that money only in pursuance of an or
= der OF the court, and has no volitiou
in the matter whatever save and eX
cept to receive II and turn II over tC
lie clerk of this court, who is the
public accountant" for the purpose OF
the Act for this court and the only
proper custodian of all monies receiv
ed from any source belonging to this
court, whether received in pursuance
OF its order or sentence.
Section 1888 of our civil Laws, al
page 472 provides among other things
the several clerks OF the judiciary
Department shall have the custody OF
ali records, books, papers, money and
otner things pertaining to the court
Where the Law invests the court with
jurisdiction over class of cases OF
any case the authority over a case be-
longing to mat class Is at once effect
lively acquired and must be exercised
In all things, and the collection of the
fines and costs are as much a part OF
the courts duty as is the trial. There
Is no election on the part of the court
The law comforting jurisdiction to eN
ercise authority over matters havinl
once been established Is imperatiy,
and must be obeyed and judicial off
GERS whose duty II is to decide uues
tons OF public law cannot rlghtfully es
cape that duty. And the Attorney Gen
eral, who is only head of a subordi
nate bureau of the executive depart
hNh'f Nuh III NJ htllSt luleTIeIe WIFI
or dominate the action OF any court o.
record in this Territory. The Higl
Sheriff is simply an executive office,
OF the courts OF record OF the Terrltor,
and has no volitiOn whatever in mat
tiers OF this kind except to obey tn,
orders OF the court properly made .anC
ask no questions. The Sheriff of Ha
wall is the immediate executive office
OF this court and is amenable to tn,
court for any dereliction of duty O
refusal to obey judicial order or L
execute a sentence properly made b,
this court. The action of the Sheriff
Is restricted to tie language of tn,
sentence or other order of the cour
: Issuing 1t; and he has no authorit,
beyond and is governed by the orde
In each particular case The Sheriff
! Is simply an officer especially author
lied to enforce the process of thu
! court OF which he is an officer an,
| when such process is delivered to hin
1t Is his duty to execute its command
J promptly and vigorously and make du
] return OF his proceedings to the clerl
, thereof, The Sheriff being an office
] OF court, the Court has control of hin
! as such. King of Spain VS.. oliver,
Washington U. S. C. c. 429.
! II Is not necessary that the statut,
should specifically in detail designat
} the authority or power OF the Court
l..