The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-18
mo MONEY
FOR COURTS
Jurors Must Serve
Now Without
Pay.
GENERAL. EXPENSE
FUND EXHAUSTED
Early Extravasances of the Circuit
Judges Leaves Them in an
Unpleasant Predicament.

When the petit and grand juries ar
called in Circuit Court this mornin,
they will probably be given the op
ton of quitting work or waiting for thu
labors. The $3.50 appropriated by th'
| last legislature for 1.-The general ex
penses of the Supreme and Circus
courts has been exhausted. Last weel
Judge Kalua of the second Circuit SEM
In his expense account amounting t.
81, 500. Judge Little of Hilo followed
with an expense account of several
hundred dollars and this put an enc
to the small balance remaining from
the continuous and heavy inroads OF
Judge Gear and Judge Humphreys. 1t
| was reported that there is exactly
twenty nine cents still remaining in the
fund, but Auditor Austin could not
verify that figure yesterday, saying
that there was but a very small amount
left. Records of the audit department
show that the two Honolulu circuit
judges used more than double the
amount spent by all other trial judges
and the Supreme Court combined.
Judge Gear announced to Deputy At
torney General Cathcart and Mr.. Dout-
HIT on Saturday that the funds s,had
been exhausted and it would be doubt
full if there could be any more jury
trials at the present term. With his
usual cheerfulness the second judge
shifted the burden to the Attorney
Generals Department and said that it
was up to Mr.. Cathcart and Mr.. Dout-
HIT to make arrangements with the
Treasury Department for the continu
ance of the term.
The trial jury is summoned to appear
this morning at nine o'clock and will
probably be excused at that time. The
grand jury may be continued for. a
while longer. though this is doubtful.
1t is possible for the judges to continue
with jury trials by simply ordering the
jurors to remain even though there is,
no money to pay them. This could be
done and the legislature asked to rein-
burse those serving. None of the jurors
at the present term of court have
drawn their fees as far as known and
there is no money on hand to pay them.
Besides the terms of the Second Cir
cult and the Hilo court the special
term held In July. by Judge Humphreys
helped to deplete the small remaining
balance in the treasury. and the mis-
cellaneous expenses from Judge Gears
court put the finishing touches upon
the fund. 1t is of course possible for
the courts to sit and hear jury waived
and divorce cases. In fact Judge Rob- |
nson was hearing jury cases Saturday |
and has similar cases set for today. 1t |
Is possible also to hear nearly all the |
civil cases on the calendar in which !
the attorneys waive jury. This how |
ever does not help matters where Grim |
mails are concerned, many of whom are
n Jail awaiting trial. and who under
he natural order of things will be COM
)elled to remain there until their cases
IAN be heard, unless juries are waived I
mere also, as may be done in certain /
The courts will of course have the
necessary machinery to hear jury waiv-
d cases even though the appropriation
ID cases even though the appropriation
or general expenses is exhausted. I'm
fer the Humphreys bailif law the two
court bailiffs. Hopkins for the first
Judge and Ellis for Gear drew their
salaries of eighty-hve dollars per
month from this general expense fund.
rs far as the simple opening and clos
ng of court is concerned the judges
an perform that ceremony themselves.
md often -times have dispensed with
t entirely. Usually bailifs are expect
d to serve the legal notices of the
ourts but here that duty has always
,een delegated to the High sheriff.
hough in other matters the bailiffs
AVE assumed the duties of the sheriff.
me of the bailiffs, George Sea acts for
9th Judge Robinson and the Supreme
'ourt and draws his salary from the
pecific salary appropriation He con-
will not suffer by reason of
he shortage in funds, and could if nee
ssary act for all the judges. The re-
two bailiffs draw their salary
rom the general expense fund, but are,
is said. willing to serve and take
heir chances with the next legis
lture.
The clerks also draw their salaries
rom the specific salary fund as do two
f the stenographers. The third steno-
rapher appointed by Judge Gear for
is court has been drawing ten dollars
er day from the expense fund. The
interpreters, two Hawaiian, one Jap
nese, one Chinese and one Portuguese
re also paid from the salary fund. All
nese officials viii continue to draw
alaries whether court keeps or not, UNI
SIS they are removed. The judges al
, draw their salaries from Washing
IN SO Gear is not losing much sleep
yer the shortage in Territorial funds.
The Supreme Court viii not be much
nected by the shortage in the appro-
ration for expenses. as bailir and
Jerks both come under the salary ap-
and consequently there viii
e no interference with the coming
ctober session. There is but one more
.rm of circuit court to be held here
afore the legislature meets, and pos {
hIy nv time and means will