The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-26
NO RELIEF
FROM COURT
Humphreys Fails
To Secure
Funds.
NEW APPEAL TO
GOVERNOR DOLE
he Will Again Be Asked to Help
Courts Out Of Their
Dilemma.

The Supreme Court handed down an
opinion yesterday denying the appeal
taken by Judge Humphreys from the
action of Auditor Austin in refusing
further payment from the judiciary ex-
pense fund. and incidentally took few
slaps at the Humphreys bailin act. AS
a result the Circuit Courts are again
without hope of funds and another let
ter will probably be addressed 10 Gov
ernor Dole today apprising him OF the
decision.
! At present no plan has been evolved
for raising funds though the Gov
ernor viii very likely be asked to make
an effort to borrow money, with rec
ornmendation to the legislature to re-
fund it.
/ This morning the trial OF jury waived
cases will be taken up and criminal
business will have to wait until ar
rangements for jury are made.
Something will have to be done
about jury said Judge Robinson
yesterday, IF we want to hear criminal
cases. Under the common law we could
compel the attendance of jurors. but
=
was some talk of asking for volunteers
to serve without pay, and while / have
no doubt a large number of men would
be willing to serve, this would result
i'm getting a jury of one class Of men,
chiefly business men or clerks. Civil
cases can be tried as usual the court
costs including jury fees TO be charged
to the litigants, as is done now in many
states. The principal trouble is with
criminal cases as the Territory must
pay the jurors serving here. The Gov
ernor will be notified Of the decision of
the Supreme Court and some arrange
ment may yet be made for securing
funds"
GEAR WANTS TO LAY DOWN.
Judge Gear as usual wants to lay
down and shove the responsibility for
the present trouble which is more his
fault than any one else, upon the Gov
ernor Yesterday morning Attorney
Reynolds who appears for George Fer
ris, charged with murder. appeared and
asked If his case was not 10 be taken
up, having been specially set for yester-
day. Under the sixth article Of the
Constitution we are entitled TO a speedy
trial by jury" said the attorney "and
1 would like to know when We are GO
ing to get it,"
sUnder Article 1 of the Constitution
1 am not ready" replied Gear face
tiously.
(Which one IS to prevail? We are in
Jail and your honor Is out" said Rey-
noIds.
Judge Gear replied that the Supreme
Court had decided that the bailiff
money was not available and the ques-
tion of funds would now be left to
the Governor. He is the only one who
has jurisdiction over the body that pro-
vides funds" the court said. He stated
further that some disposition would be
made of the criminal cases IL no funds
were provided.
SUPREME COURT DECISION.
The Supreme Court in the decision
written by Justice Perry and concurred
in by w. o. Smith and ]. r. De Bolt
holds that no appropriation is carried
by the Humphreys bailin act. The
court finds that the appropriation Is
not especially authorized even though
such an inference was drawn at the
argument. The court holds that the
legislature could have provided for the
rates paid certain officials and also the
procedure necessary TO provide for the
issuance Of warrants and leave the ap-
preparation TO another act.
Section 5, standing by itself. and
reading its language IN us usual anu
ordinary acceptation," says the court
does not purport TO do more than TO
fix the rates Of compensation and TO
declare the circumstances under which
it becomes the duty Of the auditor 10
issue the warrants. This last declara-
tion may well have been made-and we
think IL was-in order to place II be-
yond the power of the auditor or any
head Of a department to prevent the
a aunrOx-aI or pavrueut of the salaries In
question and to leave such approval en-
tirely to the Circuit Judge making the
THE item for Expenses Of Supreme
and Circuit Courts appears and has
usually appeared under the title Ju-
dietary Department;' the bailiffs pro-
vided for by Act 10 were 70 be employ
ees of that, If any, department ana IN
the absence Of any express provision 10