The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-04-11


that the money was not in his posses
sion or under his control at 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.
81 find that Mr. Fetter has purged
himself of the contempt, but while
finding Mr. Fetter not guilty it is,
however, evident that a contempt has
been committed and [ do not think it
is a case where even a citation need
issue. Mr.. Andrews, [ find you guilty
of contempt and fine you fifty dollars
for not paving in the money at 3
o'clock as ordered, and it is now after
four
But, your HONOR Mr.. Andrews
replied, 81 paid the money into court
at three, and it is now upon the table
before your honor.
Never mind" Judge Parsons per-
sisted. II told you to pay it at three
O'Clock to the clerk and you did not.
The relator 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
fined for contempt of court was re-
spectful. He says the reason he did
not pay the money into court as di-
rected was that he doubted his right
to do so under the law, as the money
had become a government realization
over which he had absolutely no pow
err except to deposit it in the treasury
Of the Territory, as by law provided.
The law makes him a 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
dence of embezzlement.
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.
self of the alleged contempt. When
this motion was liled Judge Parsons
requested the Attorney General to file
a 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 80, 1905, Judge Parsons
issued an order denying the REALTORS
motion to set aside the order and for
leave to purge himself from the alleged
contempt.
It is alleged, "That the Judge of the
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 mp 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 FreaT
issued the writ about 4 o elock. 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
that Judge Parsons appear before the
Supreme Court on April q at 10 a.
m. and show cause, if any he have, why
the writ should not be made absolute.
EVERY BOTTLE WARRANTED. /
Chamberlair's Pain Balm will not
cost you one cent if it does you no
good. Give It a trial if you are trou-
bled with rheumatism. One applica-
ton viii relieve the pain. Pains in the
side or chest soreness of the muscles
or stiffness of the joints are quickly
cured by applying this liniment. For
sale by Benson, Smith & Co, Ltd,