The Hawaiian gazette., 1902-08-22
HAVE FOUND
A WAY OUT.
Money in Sight for
the Circuit
Courts.
Trom Wednesday, paiiy)

Dole way mas fnally been dis
covered by which probably money
will be obtained to carry on the
courts at least until Legislature
meets. This is by paying back to the
general expense fund, the amounts al
ready paid to the bailiffs appointed UNI
der the Humphreys act and amounting
TO about $4,000, leaving that sum to be
used for the general expenses of the
Supreme and Circuit Courts.
1t is now claimed that the bailiff act
as passed by the legislature intended
that the bailiffs should be paid out OF
a special appropriation. Instead OF
that the salaries of bailiffs have all
along been charged to the expense ac-
count and was one of the factors in the
early depletion of that fund. There is
now in the hands of the treasurer 81, 900
or $4,000 collected by the district magis-
trates which might possibly be used for
the payment of the bailiffs, there being
n special appropriation for the pur-
pose by the legislature.
A demand was made upon Auditor
Austin yesterday for funds from the
general expense account the fact of the
alleged wrongful charge of bailiff sala-
ries against that account being set out
by the judges. The Auditor stated his
willingness to comply with the request
upon court order and 1t was agreed
that the matter should be submitted
to the Supreme Court for adjudication
This will probably be done today upon
an agreed statement of facts between
the Auditor, and possibly some citizen
to whom money is owing from the
court fund. One of the Jurors will very
likely be pressed into service for this
matter, and an opinion requested at an
early date. Justice Perry Is the only
member of the Supreme Court now in
the Territory and he will have to call
in two members of the bar to sit with
him in the case.
The conference between Gov. Dole
and Judges Robinson, Humphreys and
Gear was held yesterday afternoon at
three o'clock, the latter adjourning
court for the purpose of attending. In
the morning the judges sent a letter to
the Governor, which however was not
received until afternoon. 1t was filed
in the clerks office before ten o'clock
yesterday morning-being in the fol-
lowing form:
Honolulu, August 10, 1902.
ITO the Governor.
"Sir:-We have the honor to inform
you that the appropriation for the ex-
penses of the Supreme and Circuit
Courts is now exhausted and that pay
ment of necessary expenses incurred
during the present August term of the
Circuit Court of the First Circuit has
been refused for that reason, and it
will therefore be impossible to continue
the business of the present term unless
some funds are supplied for doing so.
I'VE beg to inform you that yester-
day Chief Justice Frear estimated that
between $4,000 and $1,000 would be
required in order to meet the necessary
expenses of the courts for the next six
months. This, of course, will not ad-
NIT of any extra session of the Cir
cult Courts.
I'VE have the honor to remain,
"A. S. HUMPHREYS, LIST Judge
GEO. d. GEAR, I'd Judge.
wv. ]. ROBINSON, Sd Judge"
Governor Dole Immediately requested
a conference to which the judges
promptly responded. The method above
stated for the relief of the courts was
outlined at this meeting, the governor
and the three circuit judges agreeing as
to the legality of the plan. The de-
mand subsequently was made upon
Auditor Austin.
The bailiffs under the Humphreys law
have been paid since last May out of
the expense appropriation. Previous to
that time bailiffs for the courts had
been furnished from the High Sheriff's
department and the expense was con-
sequently not borne by the courts.
There are two bailiffs in the first cir
cult, appointed by the judges, each of
whom draws eighty-five dollars per
month. Judge Robinson's bailiff, George
Sea performs the same duties for the
Supreme Court and he is paid out Of
the salary fund. Judge Little, Judge
Edings. Judge Kalua and Judge Hardy
all have bailiffs though for the last
three judges, they receive a salary of
but fifty dollars per month. The total
of the salaries paid to bailiffs for thir-
teen months is approximately $4,000.
This does not include an extra bailiff
which Judge Humphreys appointed for
one term to assist the two regular
bailiffs in preserving the dignity of his
court.
The act which the judges claim
makes an appropriation for the pay of
bailiffs other than from the general ex-
pense fund is known as "Act TO-"
appropriation, Section providing
THAT the bailiffs appointed under the
provisions of this Act shall be paid for
their services at and after the follow
ing rates, and 1t shall be the duty of
the Auditor of the Territory to draw
a warrant for the same upon the
Treasurer of the Territory of Hawaii
upon an order so to do under the seal
of the court. of any Judge Of the Court
by whom any such bailiff may have
been appointed, that is to say:
THE bailiff Of the Supreme Court. 800
Additional bailiffs at the rate per
DAY ...................... 81
The bailiffs of the First and Fourth
Circuits per month .............. IS
The Bailiffs Of the Second, Third
and Fifth Circuits per month. =. 80 /
Additional bailiffs for the several
-. .ta