The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-22
CIRCUIT JUDGES AND
PAY OF THE
BAILIFFS
ALL THREE BEFORE THE SU-
PREME COURT BUT GEAR AN
NOUNCEs HIS DIsAPPROvAL or
THE PROCEEDINGS.

Judge Humphreys and Gear 90 not
agree on the Circuit Court funds propo-
sition, and they had quite a livery dis
cussion of the proposition before the
Governor, which cropped out again yes
terday when Judge Gear interrupted
the Supreme Court proceedings to dis
aVow any connection with the appeal
taken by Humpnl eys. When the three
judges went to see the governor, being
asked to have a conference immediately
when the governor received their letter
telling him that the court was without
funds, the first and second judges dldn't
pull together at ALL and there was con-
siderable warm discussion.
q, Judge Gear declared that Humphreys
had taken a different position from that
taken in some of his decisions, while
Humphreys denied it, and insisted that
the proposition to pay the bailiffs out of
general funds was in line with the law
and furnished proper way out of the
dilemma. Gear stood by his views in
the fire claims fee decision, holding that
the auditor must stick strictly to the
letter of the law.
The third judge agrees with Hum
phreys as to the Interpretation of Act %
of the laws of 1901, but he is doubtful as
to the authority of W. o. Smith and J..
y. de Bolt TO sit as they did yesterday
The law as to appeals like that of yes
terday states that they may be made to
the JUS ices of the Supreme court" and
maLy alto legs tAink hat this is differ
ent from the court itself. 'I1 there mad
been two of the regular justices pre-
sent" said Judge Robinson, 'it would
surely be all right but L am rather
doubtful in this case"
Judge Humphreys sprung the Organic
Act on the proposition and declared
that there could be no distinction uraW n
between the justices and the court.
0'The Organic Act provides that the
juulCial power OF the Territory shall be
vested in one Supreme court, circuit
courts, and in such inferior courts as
the legislature may from time to time
establish" said Humphreys. IF we
are to draw a distinction between the
judges and the courts, there is not an
inferior court in the Islands today, for
the Legislature has established none,
and all the act of circuit judges in
chambers since the Organic Act went
into effect have been void. The act also
provides that the laws of Hawaii rela-
tive to the courts and their jurisdiction
and procedure shall continue in force y
The court" is in peculiar position
as to the question of jurisdiction. The
right of majority to sit is questioned
and the first thing for the three to de-
eide is whether Smith and de Bolt were
properly on the bench hearing the case
Judges Humphreys, Gear and Robin
son were all present in the Supreme
Court yesterday afternoon, when the
matter of Humphreys appeal from the
Auditors ruling as to bailiffs' salaries
came up, but they were not united on
the proposition. Judge Gear took ad-
vantage of an interval in the argument
to say that he didn't agree with Hum
phreys and wanted it understood thai
he disapprOVed the proceedings. This
is not an appeal Of the Circuit Judges
but of Judge Humphreys" said Gear
Temarking that he thought the bailiffs
had been paid out of the proper fund
Judge Robinson did not address the
court at all, but he consulted witt
Humphreys, and appeared to approve
the proposition argued by the latter.
Judge Humphreys contention tina
the bailiH act carried an appropriation
was based mainly on his view of the
evident intent of the Legislature, al
shown by it's proceedings and discus
sions, and on the title of the act, which
declares it an act relating to appoint
ment of bailiffs, fixing compensati ton
land Providing for the Payment o
Such Compensation"
Attorney General Dole said that n
hoped Humphreys contentious wOulC
prevail if they were the law. He hat
felt very doubtful and therefore didn'
take it upon himself to advise the Au
ditor in the matter. Under the act i
it carried an appropriation Dole SAT-
the judges might appoint thousant
bailiffs and the Territory must pa,
them.
Dole was also very doubtful abou
the court being a court at all, or hav
ing jurisdiction. He thought it had no
been called to sit in a proper way.