The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-02-26
REPORT OF THE
CHIEF JUSTICE
RECKLESS EXTRAVAGANZA AND
TOO MANY CONTEMPT PUNISH
MENTs IN CIRCUIT COURT.

There is work enough for weeks of
the legislators time in the recommend
ations contained in the report of Chief
Justice Frear, for the years 1901 and
1902, which was sent to the members of
the House and Senate this morning.
The chief justice refers to a number of
radical defects in the laws here, and
submits a long list of proposed chan
ges. On the subject of expenditures he
says that there has been reckless ex-
travagance, especially in the First Cir
cult, and he also refers to the unusual
number of punishments for contempt
in that circuit. On the subject of the
exhaustion of the appropriation, the
chief justice says:
After making all due allowances and
l., . " ithstaAdins tidt The Supreme court
and a number of the Circuit Judges OBJ
served unusual economy in view of the
circumstance and others were urged
to do so, it remains that large amounts
of the appropriation were recklessly
wasted. The largest item of expense is
the pay of trial jurors, and it is in this
connection that the greatest waste is
| found For example, in one instance,
during two trials of a particular case,
the jury having disagreed at the first
! trial. the entire body of about 40 jur-
Ors were summoned to court at an eX-
! pense of about eighty dollars nearly
every day of the trials, although only
! the twelve jurors engaged in the case
! were needed except on the days OH
which the juries were drawn. In this
way over 500 was wasted on that one
case. Considerable aVodable waste oc-
| CURED a the same time in connection
with the grand jury. Stenographers
also have been engaged unnecessarily.
And expenses have been incurred which
ought not to be incurred under any cir
cumstances.
Much of this reckless expenditure
| (but not alD has occurred in the First
Circuit Court and especially during the
first six months of the present fiscal
| period
1T is impossible to wholly prevent
such waste, as so much depends on
the individual judges. But, besides va
rious other suggestions that will be
made under headings, | recommend Q)
| that instead of Jumping the appropria-
| tions for the expenses of the Supreme
Court and the five Circuit Courts in one
sum, a separate appropriation be made
| for each. This will prevent one judge
or court from eXhausting the appro-
priation to the detriment of the others
and will place a definite responsibility
upon each court. (2) That the eXpend-
iture of each appropriation be limited
to a pro rata per stated period of time
| as per quarter or half year according
| as terms are held. This will prevent
any one court from exhausting its own
appropria ton before the expiration OF
the fiscal period"
AS to the crowded First Circuit Court
calendar Justice Frear recommends
that the term law be amended so that
4 the court may be in session at any
/ time, and says:
"To the statement that the work OF
/ the courts has been kept up to date
as a rule, one conspicuous exception
must be made. In my report to the last
1 legislature | stated that there were
about 200 undisposed of cases on the
\ (Confinued on mage five.