The Hawaiian gazette., 1906-04-03
TO MAKE TEST
ON WITNESS
FEES

TCtO
test case is to be made TO decide
whether the Territory or the counties
| snail pay the expenses of witness i'm
criminal Cases. Perhaps the validity
OF the County Act may be called III
question, but that is unlikely.
The question as to the payment of
witnesses is a great question, although
| 1t is contained in this instance in n
ver,- small bill. The expense, in fact.
| is something like fifteen dollars. and
1t was incurred by Chief Clerk Buck
land. of the secretary's office. who was
ordered by his chief to go down to
Kauai couple of weeks ago to be a
witness and as the custodian of record
documents in the case of the Territory
| against Kanealii, the Garden Island
supervisor accused of forgery in the
securing of signatures to his election
petition.
Kanealii was acquitted, and when
Clerk Buckland returned he nut in n
bill for his expenses as a witness
which he had been ordered to do. This
claim was rejected by Territorial Au-
ditor Fisher. 1t was passed UP to the
Attorney Generals department. Where
it was supposed to properly belong.
and with view to making a test case,
Attorney General Peters promptly re-
| fused to pay it.
rur co1,,,r,, .u
NA'
1t seems that when the law was nass-
eu 10 hhahce the counties the Legisla-
'ure cohsiuered that all criminal busi-
ness the prosecution of criminals and
.he conduct OF criminal cases, should
become the duty of the County At
,"rAeys' and so cut out from the al
lo"ance of the Attorney Generals Of
ne the Appropriation OF seven thous-
ana dollars out of which witnesses and
their expenses in criminal trial had
heretofore been paid. This left the
attorney General but small allow
&hce Tor witness fees in civil cases,
ana Sooo Tor incidentals' The County
Ac' PROVIDES that the County Attor-
hey shaii De deputy of the Attorney
GENERAL out II also provides as fol-
lows under Chapter Il:
,s 49, ,,t,,o ou't' NltoileS
ty in which he shall have been elected
| and he. or his. deputv. shall.
Il. Attend the Circuit Court in and
| for said county and conduct on he
| half of the people all nrosecutions
| therein for offenses against tha laws
| of the Territory of Hawaii an, the.
ordinances of the BOARD of Sunar-
visors of the County"
That is the nrovision of the Act
Evervbodv at all familiar with local
| conditions knows that the county at
| torneys have done nothing of the kind
and that the Attorney General has
been compelled in the interest of law
and order. to keen the matter of Grim
| inal nrosecution in the Circuit Courts
| in his own hands
If this had nor heen done there
| would have heen , condition in ua-
| vaii novv hordarino ver,, closaly ,non
| anarcbv rountv A+tornay nan Case
or Mani is tho on,v ono who has ava,.
| shown an,, vary strop,, n,,rnoea to act
nc n,,blic nrosecutor IN foot And ~
| ba had NOT haan callaa aya,, 10 Wash
| ine.ton ca suddenly a +est case ,oioht
have como from, Mani
| "NAS n A6SA'
| Il have been trying for a long time
to get a decision on this point from
the supreme Court" said Attorney
General Peters, yesterday. II l nave
to sign vouchers paying the expenses
OF witnesses In criminal cases, want
the backing of the Supreme Court in
doing 1t. My office has no fund from
which these expenses can be paid.
uo NOT want 10 race the next hesisia-
'ure win Dig dehcit on thls account
unless l nave supreme court ueci-
sion AT my pack Ana so TINS case Is
10 see Whether the counties OF the Ter
r'ory Is 10 pay these Witnesses ana
uo,i N"ht People 10 Keep On sNHis
creult 10 the territory Wneh mere ~
Nv i''o'es IN slsn' " pay 'ne onls' me
lsIu , s'a'eiert VI ia'ts WIZ o1 pr
pI'.u n ~ 'ieA. "eeA, anu we WIN i"ni.e
80 tne 60 " 'o,iie i,I.'
.ne Snp, eine Coui ana argue 'ne maj
E ~
Anu su Joll NdlHCdTl mas Deeil re-