The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-03-11
FINED THE
SHERIFF
Judge Little Goc.
for the CIR Of
haWai.

HiLo. March a.-Tho matter 81 the .
citation of sheriff L. A. Andrews 10 .
show cause Why be should not BE- held
in contempt for dis0bcylng an order Of
court came up before judge Little last
Monday The court reviewed the case
az length ana went into the case with
equal thor0urhu.ss. finding the sheriff
guilty ANA setting Thursday morning
at o'clock as the time 10 Impose the
sentence OF either fne or Imprisonment. .
Briefly the record If the case shows
that at the January term prisoners
were duly convicted by juries and sem
fenced to pay fines Unto the hands OF
the clerk of this court" and that they
stand committed until fines and costs
are paid" The sheriff. l.. A. Andrews,
refused to comply with the sentence
Of the court, by refusing - pay the
fines and costs to the clerk, whereupon
the Court issued an order as follows:
ut Is hereby ordered by the court
that the fines, costs and forfeitures Of
all persons convicted Of crime i'm this
court shall be paid to the clerk of this
court, who shall give a receipt there
for; which receipt shall balance the
sherin's books IN lieu Of the fines. costs
and forfeiturcs aforesaid. and that no
persons shall be relieved from custody
by the sheriff until the money has been
properly paid into the hands of the
Clorl; If this court"
In spite OF this order Sheriff Andrews
did not pay the said fines to the clerk
OF the Fourth District Court. but re-
mitted the monies direct to the High
Sheriff at Honolulu. At a hearing be-
fore Judge Little. February 25, the
Sheriff Andrews confessed to having
disobeyed the order ~ the court but
pleaded justification by reason OF an
order frol High Sheriff Brown and At
t0rney General Dole to remit said fines
direct to Honolulu.
/ The conclusions Of law by the court
are as follows:
"'rhat the legislature never intended
It's language used in Sec. 20 of Act 80
to deprive the clerk OF this court OF the
proper functions Of his office, but that
Il did intend. and should be construed,
10 mean that he or tho sheriff for him
should collect all funds under iudg-
ments, sentences. or orders, as well as
fines and forfeitures when directed so
! t. do by the court and turn them over
at once to the clerk and that the clerk
of this court and not the sheriff Is the
public accountant for the court, as
contemplated hv the statute.
THAT the act was not intended TO
disturb. disquiet and obstruct justice
and judicial government and proceed
inFs such as the conduct of the defend
ant would produce If permitted with
mpunity
THAT while the high sheriff may ap-
point 4 sheriff for the court. the sheriff
when SO appointed must obey the
courts orders to the exclusion of every
other authority while so acting.
"That neither the high sheriff nor
the Attorney General nor the Auditor
General have any control over the sher-
if of Hawaii while acting for the court
or for the clerk of this court.
THAT Sec. 10 Of the Organic Ac,
gives no power to the high sheriff to
interfere with or otherwise obstruct tho
proceedings Of court in the transaction
Of public business or to defect the
course of any proceeding or inclden,
thereto into other or different channels
than that directed by the court.
THAT the defendant having shown
no justification for his disobedence OF
the orders of this court. and the court
being fully advised finds the defend.
I. -.
wall. guilty OF contempt in failing anc
refusing to comply with the order OF
tbs court. made and entered January
Goth. 1902"
J THE SHERIFF. FINED.
Thursday morning ct o'clock Sher'
ifr Andrews appeared before Judge Lit
tie to receive sentence for contempt
The court. in view Of the peculiar rela'
tons of the officer before his bar, madt
!. the sentence as mild as possible con
. s.derng the gravity of the offense. The
sheriff was fined 800.
The act of the sheriff which the cour
held to be in contempt was a refusal Il
obey an order Of the court. The ordel
directed that all fines, forfeitures anC
; costs in cases in the Fourth Circui
Court he paid into the hands of thu
clerk of that court. Sheriff Andrew:
paid no attention to the order, but re
mitted monies direct ~ the high sheriff
at Honolulu.
When seen Nv q Tribune reporter
Sheriff Andrews refused to discuss th'
matter for publication.