The Hawaiian gazette., 1905-04-11
LATE SHERIFF ANDREWS
RELEASED FROM JAIL
CONTINUED from Page IL

ttc0IiUutU from fHRt l.J
PENDANTS were paiu ana the judgments
satisfied in full, nayment of the amount
having ueen made to the Sheriff of
Hawaii.
| About one week after such satisfac-
ton of judgments, Carl 8. Smith filed
, in the Circuit Court a motion for an
order compelling Deputy Sheriff VIM.
A. Fetter to pay the aforesaid sums of
money back to the Fourth Circuit
Court, so that the fines and costs might
be returned to the defendants, on the
|. ground that the District Magistrate
was without jurisdiction to impose a
fine or to convict in cases where the
punishment provided for by law was
infamous.
Judge Parsons issued the requested
order and as Fetter on the return day
had not paid in the money citation
was served on him to show cause why
he should not be punished for con-
tempt. Fetter showed cause in the fact
that the money was not in his posses
sion or under his control Mt the time
of the issuance and service of the or
der, wherefore he was duly purged of
any contempt of the court. Thereupon
the court rendered the following judg-
ment:
ANDREWS FINED.
ri find that Mr.. Fetter has purged
himself of the contempt, but while
finding Mr.. Fetter not guilty it is,
however, evident that contempt has
/ been committed and | do not think it
is case where even citation need
issue. Mr.. Andrews, / find you guilty
of contempt and fine you fifty dollars
for not paying in the money at 8
O'Clock as ordered, and it is now after
FOUR
But, your HONOR Mr.. Andrews
replied, ~ paid the money into court
at three, and it is now upon the table
before your HONOR
"Never mind" Judge Parsons per-
sisted. 81 told you to pay it at three
o 'clock to the clerk and you did not. -
The reator states that he had no
desire to disobey the order of the court
and so stated to the. court, "that his
attitude and demeanor to the court at
all times and at the time when he was
fined for contempt of court was re-
spectful.' He says the reason he did
not nav the money into court as di-
rected was that he doubted his right
to do so under the law, as the money
had become government realization
over which he had absolutely no pow
er except to deposit it in the treasury
of the Territory, as by law provided
The law makes him public account
ant and requires him to pay all moneys
collected bv him into the treasury at
stated intervals, and makes failure
on his part to do so prima facie evil
1anaa of arn pa1zlopnapt
When he was fined for contempt he
was practically without counsel and
Judge Parsons refused to continue the
hearing OF the matter until Mr.. An
drews could communicate with the At
torney General, whose duty it was to
defend him.
Mr.. Andrews submits to the Supreme
Court that every official act of Judge
Parsons in the premises is void and of
no effect or avail for the reason of his
past interest as counsel for the de-
PENDANTS from whose cases all the trou-
BILE arose.
Thereafter the relator retained Chas,
f. LIE Blonde as his attorney, who
moved for an order vacating and set
ting aside the order of contempt and
| permitting the relator to purge him
! this motion was lied Judge Parsons
requested the Attorney General to file
brief in the matter. The Attorney
General did not see fit to do so, since
the relator had employed private coun-
sci of his own. While the motion was
under consideration Mr.. Prosser stated
fully the position of the Attorney Gen.
eral and Collected strenuously to the
enforcement of the order" furnishing
Mr.. Andrews for contempt of court.
THE COURT oBDURATE.
On March 30, 1905, Judge Parsons
issued an order denying the relator q
motion to set aside the order and for
leave to purge himself from the alleged
contempt.
1t is alleged, "That the Judge of the
I Circuit Court Of the Fourth Judicial
] Circuit is about to enforce the pay
ment of the fine levied against your
relator for his alleged contempt by i'm
! prisonment.
One week was the limit given by
Judge Parsons for the payment of the
fine and the time was up last Friday.
Information was received yesterday
| that Mr.. Andrews had been committed
! to Jail. Mr.. Prosser accordingly, by
direction of the Attorney General, has.
tened the proceedings for a writ of
prohibition against the memorable
Judge.
JUDGE PARSONS CITED.
The Supreme Court having consid.
cred the petition, Chief Justice Frear
issued the writ about O'Clock, for
bidding judge Parsons, until the hear
ing and determination of the matter
from enforcing the collection of the
fine heretofore imposed upon said l.
A. Andrews. 1t is ordered in effect