Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-01
ROBINSON FAVORS
CUTTING JURORS

Judge Robinson's recommendations
in the matter Of retrenchment in the J
judiciary Department, in lengthy let :
ter to the Governor, on the subject, in F.,
clGde the following:
"As matter Of fact there exists no
reason why the Territory should pay
any jury fees. 1t is incumbent upon
every citizen OF State or Territory
10 uphold the courts in their criminal
Jurisdiction and TO aid in enforcing the
penal statutes OF such State or Terri
tory for the common benefit of the
cCmmunity OF which he forms an in
tegral pant. The service rendered by
a citizen as q Juror in criminal case
lis merely the performance of a duty
incumbent upon him as citizen, and
1.-THE discharge If this duty may be re-
IQuired OF him in a criminal case with
\ out compensation or consideration,
ether than his duty as citizen, as
.Glly and to the same extent as he
could be required TO serve upon posse
Gcmitatis at the instance of the sheriff.
In civil cases the benefit to be de-
rived by trial by jury inures solely
20 the ltigants, and there is no reason
. Why the Territory should bear the ex.
: pense.
In the great State of California.
with its practically unlimited resources
} and immense wealth, the practice of
? requiring jurors TO serve in criminal
D cases without compensation, and of re-
quiring litigGnts in civil cases to pay
the expenses incident to trial by ju,s.
4 each party advancing the full amount
: OF jury fees for the day at the COM
i mencement Of each day OF the trial,
: taxing the amount so expended as costs
against the unsuccessful party, per
t mitting him to withdraw the amount
deposited by him at the conclusion Of
5 the trial, has obtained for number of
D years and It's workings have been
D marked with unqualified success. 1t
may be objected that such practice
. results TO the disadvantage of the poor
Q man who is unable to advance the nec-
= essary amount II the trial Is at all pro-
! tracted. But there is no merit In the
a objection, as he is not obliged to de-
= mand trial by jury, and 1t Is not to
be supposed for a moment that he
I would not receive equal exact and sub
I atantial justice If ne We're to submit
. his case to court sitting without o
q jury.
9 In my opinion there Is no occasion
: FOR any legislation in regard to this
@ natter, as there never has existed and
c does not now exist any statute requir-
v ing the Territory of Hawaii to pay the
ices OF jurors, and all amounts paid
, cut by the Treasurer of this Territory
= under warrants issued by the Auditor
" IN payment OF jurors fees, amounting
TO many thousands of dollars, have
/. Eeen expended without any obligation
" IN the part OF the Territory to pay
= such fees"
' Judge Gear gave this matter his Sc.
lrlous attention number Of years age
>, when the legislative appropriation he
-" cGme exhausted, and after vast
amount Of research he is firmly con,
~ vinced that the views have attempted
10 express are absolutely sound as Q
IS matter of law, and that as our statute.
le stand at present 1t Is entirely within
II the province OF this court to fix by ruiz
IL Of court the manner and by whom jur
g orS in civil cases are to be paid anC
A. 10 provide that the jurors in crimina
,e cases shall serve and act as such with
e, out fees or compensation. Judge d.
l. !'olt however, Is inclined to think tina
n this is matter Of legislative enact
e. ment rather than court rule"
)r ~D
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