The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-22
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| payment of bailiffs, and even IL the
body of the act did not specify this
| more particularly it was contended
that the title should be taken into con-
sideration. This he argued was shown
| further by amendments to the bill
offered by Robertson and Dickey in
which it was sought to strike out the
words in the title and Section in the
act referring to the payment Of the
bailiffs, as illustrative of the intent OF
the legislature.
cit has been held" continued the
| Judge, that if a construction OF
statute should cause great inconveni-
| ence that should be taken into consid-
Grafton. 1t may be suggested here that
| as a matter of public policy the act
| should be construed as l contend. The
court will take judicial knowledge OF
| the condition of the Supreme as well as
| of the Circuit Courts in view of the
fact that this appropriation has been
! exhausted.
1T was not the intent of the legis-
| lature to impose duties upon the courts
and not appropriate money to carry
| them out. This question of great in
convenience should 1 submit be con-
| sidered."
| Sections of the bailiff act were quoted
| showing that the auditor was directed
| to draw warrants upon the Treasurer
| for the payment of the bailiffs, which
| was not an authority, but a command.
| Mr.. De Bolt asked what fund this
! should have been taken from and Judge
Humphreys replied that the law did not
require an apportionment of funds to
| the various departments and it 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 a statement that he had
no wish to oppose the contention of
| Judge Humphreys if it 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 pilikia of the court
/ is great" said Mr.. Dole, land the need
| of funds for the prosecution of the
court is extreme and if right and fair,
and within the correct construction of
| the statute. 1 hope that Judge Hum
! phreys' contention will prevail. l did
not advise the auditor to comply with
| the demand for L deemed it matter
! of great doubt and not safe for him
| to render himself personally response
BILE. 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 if there was any such ques-
ton it 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 immemorial it
had always been the custom of the leg
Islature to appropriate certain sums for
certain purposes. In this case no spe-
cific appropriation had been made, ex-
cepting for the Supreme Court bailiff in
the salary appropriation. While recog-
nizinE the great need of the judiciary
department for small sum of money
yet if the bailiff act carried an appro
priation then the appropriation was
made without limit. 1T seems to me- -
he said, that the Circuit Courts, under
that contention, have the right TO APP
point many bailiffs they see fit.
While no judge would be guilty of such
an abuse of power, yet Judge Hum
phreys or any other judge could appoint
thousand bailiffs. What was the linn
it in this matter, it seems to me that
the limit came in making it payable
out of the general expenses of Supreme
and Circuit Court"
The attorney general cited his own
department an analogous case in
that ne 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 it
was that the Supreme Court bailiff
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. 1 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 a different
view"
| Judge Perry inquired whether if the
act had authorized the treasurer to pay
warrants it 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 II
would be pleased to be allowed to finish
my argument before the amicus curae
| begins
Judge Gear said that he wasn't ap-
pearing as amicus curae nor was he a
party to the case at all. II want to
correct a statement as to the consulta-
8 had he ala