The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-08
FIRE COURT
IS INVALID
Humphreys Tells
Commission
Its Duty.
NEED NOT REPORT
TO GOVERNOR
Under His Ruling All Acts Since
Anpronriation Was Exhausted
Under His Ruling All Acts Since
Appropriation Was Exhausted
Are Invalid.
s1rpGE HUMPHREYS yesterday

HUDGE HUMPHREYS yesterday
declared that the court OF fire
e. claims had no legal existence, and
that it's functions ended when the
appropriation made by the Legislature
for it's expenses was exhausted. The
first judge gave his opinion on the
question unasked. using the application
of Chairman +. W. Macfarlane OF the
fire court for excuse from jury duty as
the basis of his voluntary opinion. lt
is interesting. however. in its spplica-
tion to the existence of the Circuit
Courts of the Islands, for by reason
OF the extrayagant expenditures made
by Judges Gear and Humphries. the
appropriation for the existence of the
courts is almost exhausted. and after
the next term OF court all judicial busi-
ness Will have TO be conducted by
means of the unpaid bills" system.
In the same breath Humphreys took oc-
casion to instruct the commission as
to it's duties, and what was not its
duty. saying that In any event the la
hors of the court were ended with the
adjudication of the claims, and that no
renort 10 Governor Dole was required.
Both F. W. Macfarlane, chairman or
the Board of Fire Commissioners, ana
J. Morton Riggs, clerk OF the court,
were drawn by Bailiff Hopkins on a
speciaI venire issued yesterday to MI
ont the regular panel When his name
was called yesterday afternoon Mr.
MacfarIane presented an afhdavt
showing that he was chairman OF the
Board of Fire Commissioners and con-
sequently a Territorial ofnctal. lie
stated also that his time was much
taken up at present in preparing re-
port of the commission for Governor
pole as il must be completed in time
20 send TO washington before the end
OF July. In answer TO a question from
the court. the prospective juror stated
that the adjudications had been COM
pleted but their work was not ended.
"Tt seems from the statement OF Mr..
Macfarlane" said the court, "that ne
is chairman of the Board OF Fire Com
nissionerg II also appears that all the
claims submitted To the court have
been adjudicated. Such judgments are
final and as all of them have been
adjudicated the court has nothing fur-
ther TO do. AS TO the duty enJoined
make a report TO the Governor. can
find nothing in the act requiring that.
While il is a courteous and commend
able thing to do, IL is not a public
duty and not a sufficient cause for ex-
cuse from jury service"
J. NJ Riggs. clerk OF the fire court,
also asked - be excused on the same
ground. saying that he was busy clos
ing UP things and that in his absence
the claims would be held up.
Il have just denied the excuse offered
by Mr.. Macfarlane as chairman OF the
court OF which you we're the clerk.
There cannot be a court without
Judge. and when the appropriation was
exhausted the court became functus
officii. The fire court has not been in
existence since the appropriation was
exhausted: it is no longer a court, ana
without a court there is no need OF a
clerk. The excuse will be denied"
Mr., Riggs then asked 10 be allowed
ten minutes to go 10 the Office Of the
court and arrange his books. but this
Judge Humphreys also denied. saying
that IL wouid keep the jury waiting
though IL was fully an hour before the
Jury was called IN the Peterson Psche-
co case.
OTHER JURORS.
None Of the remaining turers on inc
special panel we're willing to FISK -'shl-
lar treatment at the hands 81 the ounse
and all consented to serve. The ne"'-
bers on the special panel were:
Fred w Macfarlane, J. Morton hisgs'
II. F. Wiehman. ". y. Fisse- enry
s Conn. Gerritt y. Wilder, solomon
Kaieiopu. J. X. Herseberg, David Not
lev. Joe P3Tko. Jr
THE REGULAR PANEL.
ON the regular jury panel called IN
fine morning were the following E'en'
John n. Gait jaime. Mckee, john :.
wise. Charles Scb0ellkoph. l.. u. Dee
Frank n. Foster Ed d. TenHey. Joseph
@ Cohen. Samuel r. Damon. Horace -
Crabbe. Ben W. Houghtaillng. u. X
AIossrran. Lot X &. Lane. p W BOZ
- - crawford, r.. p. Aiiksiefni
robn A Hughes. Starr Eapu.