The Hawaiian gazette., 1902-08-22
TALK FOR
MONEY TO
PAY JURlES

Tor the payment OF the hallinf. which
was not an authority. but n command.
hr. he Bolt asked what fund this
should have been taken from and Judge
Humphreys replied that the law did no,
require an apportionment Of funds to
the various departments and II might
be taken from any money not other
wise appropriated to construe that the
act did not provide for the payment
Of the bailiffs he said would be an alb
surdity and the money could be taken
from any money in the treasury.
Attorney General Dole began his ar
gument with statement that he had
no wish to oppose the contention of
Judge Humphreys II II was legal. He
wanted to promote the public good and
thought every department should WORK
together for what injured one depart
ment hurt every other branch of the
government. THE pililiia of the court
is great" said Mr., Dole, "and the need
of funds for the prosecution of the
court is extreme and IL right and fair,
and within the correct construction Of
the statute, | hope that Judge Hum
phreys' contention will prevail. / did
not advise the auditor to comply with
the demand. for / deemed IL n matter
of great doubt and not safe for him
to render himself personally RESPONSE
bic. The responsibility in cases of this
kind should rest with the Supreme
Court"
Mr, Dole then called attention to the
conference had. with Gov. Dole and the
unanimity of the opinion of Judges that
the present appeal to the Supreme
Court was proper. Personally he had
some doubts in the matter referring to
the provision of the organic act which
said that justices may be called to sit
on the Supreme Court in pending cases
He thought this question of jurisdiction
a serious one. Judge Humphreys re-
piled that II there was any such ques-
ton II must be construed in favor of
the appellant. as a constitutional ques-
ton was involved.
Referring to the bailiff act Mr.. Dole
stated that from time immemorlal II
had always been the custom of the leg
lslature to appropriate certain sums for
certain purposes. In this case no spe-
ciiic appropriation had been made, ex-
.cepting for the Supreme Court bailiH III
the salary appropriation. While recog-
nizing the great need of the jud ,cin,,
department for small sum of naoev
yet If the bailin act carried an appro
priation, then the appropriation was
maze without limit, ut seems Ia ms,
that contention, have the right 30 an
point az many bailiffs as they see fit.
WINE no judge would be guilty of such
an abuse of power, yet Judge Hum
phreys or any other Judge could appoint
thousand hailitfs, What was the linn
1t in this matter. 1t seems to me that
the limit came in making it payable
out of the general expenses of Supreme
and Circuit Court"
"A ott l.;
department as an analogous case in
that he was empowered to appoint as
many deputies as he desired, but was
{, limited by the lack of funds. When
this act passed the legislature, the con-
temporaneous construction put upon 1t
was that the Supreme Court bailif
should be paid from the special appro-
priation and the Circuit Court bailiffs
, out of the general expense fund" said
he. mo one over dreamed OF the con-
struction put upon the act by Judge
Humphreys until the judiciary was in
pilikia. / have heard on several occa-
sions the Judge arguing that the plea
of necessity is resorted to only by ty-
rants, yet now he takes different
view"
Judge Perry inquired whether II the
act had authorized the treasurer to pay
warrants 1t would have been been equal
to an appropriation, to which Mr.. Dole
replied that he had grave doubts. Judge
Gear, during Judge Perry's questioning
of Mr.. Dole, attempted to interrupt sew
eral times without success, and finally
when he got on his feet and began to
talk, Judge Humphreys interrupted
him with a request to the court that 81
would be pleased to be allowed to finish
my argument before the amicus curae
begins
Judge Gear said that he wasn't ap.
n. min hn q.
party to the case at all. II want tC
correct a statement as to the cOnsulta-
ton we had with the governor. / claim
the right as a matter of personal priv
ilege 1t was stated that the Circuit
, Judges We're unanimous in regard Il
this matter, and ] wish to state that a.
far as / am concerned, ii is wrong. Ii
the first place, | don't think this cour
has any Jurisdiction because i dom
believe it to be constitutional. / dom
think it consistent with the signing by
myself of the orders upon the audto,
for the bailiffs to be paid out of tn,
appropriation for expenses of Suprem,
and Circuit Courts l signed the order.
and, l think, properly. l don't want i
said that all three judges are making
this contention. l don't appear as al
interested party, or as amicus curae
/ am not interested in this appeal anC
l don't think Judge Humphreys is, Ell
ther, and want the court and the pub
lie to know it,"
Mr.. De bolt asked Mr.. Dole unde
what rule the baliffs should be pal,
out of the general expense fund.- t
which 1t was replied that they We're
necessary expense of the Circuit Courts
Mr.. Smith asked several questions a
to the legality of the sitting of the Su
preme Court to which Mr. Dole re
piled that the law required at least tw
justices to hear an appeal of this kind
IF the contention OF the attorne,
general is correct" replied Judge Hum
phreys, land is upheld, it will result Il
indescribable chaos. If there is a diff
ference between judges and courts. tn
acts of Circuit Judges in chambers ar
null and void If the contention