The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-20

court.
The act which the judges claim
makes an appropriation for the pay OF
bailiffs other than from the general ex-
pense fund is known as Act TO-
There is no reference in the act to an
appropriation, Section providing
| THAT the bailiffs appointed under the
provisions of this Act shall be paid for
their SERVICES at and after the follow
! ing rates and it shall be the duty OF
| the Auditor of the Territory to draw
| a warrant for the same upon the
Treasurer of the Territory of Hawaii
upon an order so to do under the seal
| of the court, of any Judge of the Court
by whom any such bailfff may have
been appointed. that is to say:
THE bailiff of the Supreme Court. $1OO
1 Additional bailiffs at the rate per
day OBSERVATION-DISCLOSURES.
| The bailiffs of the First and Fourth
! Circuits per month ....-....... 81
The Bailiffs of the Second, Third
/ and Fifth Circuits per month";. Sc
Additional bailiffs for the several
circuit courts, per day, for each
day of actual service. 3
| The bailiffs of the Supreme Court is
specially designated in the salary ap-
preparation. though there is nothing re-
laIlnR 10 I0S DdlilllS VI ClICulb CO0i 10
in any of the appropriation bills. The
judges contend however that it was the
intention of the legislature to make
these salaries also payable out of the
salary appropriation, and in the alb
sence of a specific fund for the purposes
the money should be taken from any
other fund in the Treasury.
THE COURT PROCEEDINGS.
/ When court opened yesterday morn
ing the jurors in the case of w. Kalei-
hua charged with assault had taken
their seats. Judge Gear asked the at
torneys If there was any reason why
the Jury should not be discharged and
both consented. The defendant OBJ
jected, however, and the court announ-
ced that it could not compel the jury
to sit unless the fees were paid, and
that the defendant having been once in
jeopardy would be discharged. Il don't
know where the funds are coming
FROM" said Judge Gear. According
to the Chief Justice it will take $4,000
to $1,000 for the next six months, and
we haven't got that many cents, much
less dollars. The last legislature ap-
propriated $4,000 which was just
enough for thirteen months. The Chief
Justice made the estimate of the
amount needed without consulting the
circuit judges and both the clerk and
chief justice now estimate that there
should have been 100000. The long and
short of it is, that the appropriation
has been exhausted and there is no
way to pay jurors or incidental ex-
penses, so the courts will have to quit.
This court can't run on credit, and we
can't keep the jurors away from
their work without paying them. The
jury impanelled in this case may re-
fuse to work, and neither the court or
the governor can compel you to serve.
If you desire you can serve, but this
man has been once placed in jeopardy
and if not tried now must be discharg-
ed
Col. Parker asked for a few minutes
to allow the jurors to consult, and they
returned very soon saying they would
serve a verdict of not guilty was re-
turned in the case.
GRAND JURY WILLING TO SERVE.
The grand jury appeared in court
later and expressed a Willingness 10
finish its labors, even though there was
no compensation. Judge Gear TOOK
great pains to explain that the jurors
would have to wait for their pay until
after March and need not serve. TO
this Foreman KluegeI replied I'VE have
talked the matter over and the jurors
are perfectly willing to complete their
duties. 1t is our wish that we be al
lowed to serve for the remainder of the
week as we are so near done now.
The grand jury was excuse until TO-
day. however, because of the illness OF
Mr.. Douthitt.
OTHER CRIMINAL MATTERS.
Tn the case of Pedro Rodrigues the
Cuban who was convicted a few days
ago his attorney filed a motion in arrest
of Judgment This Judge Gear grant
ed, going further and setting aside the
verdict of the jury and granting new
trial on the ground that his instructions
were enormous. By this action the
prisoner could be given his liberty on
abeas corpus, having been once placed
in jeopardy.
All Sang. Chinese boy, was SEN /
fenced to prison for three months for
larceny and laughed when the Court
imposed sentence. He is only ABOUT 10
years of age. and seemed to IKE the
sentence of the court.
WANTS HIS CHILD.
The father of Edward Taylor Miller, :
a minor, was yesterday granted a writ
of habeas corpus upon his allegation
that the boy was being wronSfuily re- (
strained of his liberty by George Opu- /
rui. A return was made IN the AFTER I
noon by Opunui in which he admits I
having the custody of the boy and that ,
the petitioner and his wife are the legal /,
rustodians of him. He answers further &
that he and his wife have furnished I
clothing and food for the child for four 1
years, and that neither the petitioner /
nor his wife have contributed TO the I
bows support. Further, it is alleged !
That the petitioner deserted his wife, !
xamaKa Daniels Miller, in June, 1898, |
and went to California, and the wife /
then placed the child in the care Of the |
1t is also set out that Mil !
Ter is an unfit person to have the GUS /
tody of the child, because of his i'm |
moral habits and because he has no ,
home.
INSURANCE COMPANY SUED.
The Honolulu Stock Yards, Limited, .
Yesterday filed suit against the Union ,
Assurance Society for the sum of $4,000, !