The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-12

case, snail also order that all reason
able and necessary expenses incurred
in such defense. including a transcript
of the shorthand reporters notes. to-
gether with fee for his counsel. not
TO exceed the sum of one hundred dol
lars, TO be paid out of the public
funds.
shortage in Court Funds. During the
year 19o5 shortage occurred in the
funds of this court amounting to ST.
636SS. which shortage involved two
deputy clerks, one of the Supreme
Court and one of this court. Both
clerks We're removed from office. While
the occurrence of the shortage, partic-
ularly the manner in which it came
about, was to be greatly regretted.
however. l am pleased to be able to
report that the full amount of the
shortage has been refunded by the
clerks IN question after each had been
indicted by the grand jury, one upon
charge of embezzlement and the other
one on various charges, including
forgery, gross cheat, ETC. A nolle
prosequl was entered by the Attorney
General as to the one charged with
embezzlement, and he was discharged;
While as to the other one, he pleaded
guilty to one of the charges against
him and was accordingly sentenced to
Imprisonment at hard labor for one
year, Wnereupon a noble prosequi was
entered by the Attorney General as to
the other charges against him. With
out in any way excusing the acts of
these clerks, | am inclined to the opin-
ion that the system Of handling the
court funds during the period from 1900
TO May l, 1906, was bad and contributed
more or less to the difficulty.
Prior to 1900 the Clerk of the Judi
ciary Department was the sole Gus
todian of the court funds. In 1900,
however this system, which had long
prevailed, was changed by making it
the duty of the clerk (any clerk re-
ceiving money paid into court to de-
posit it in the First National Bank of
Hawaii to the credit of the Circuit
Court, First Circuit, to be drawn out by
check signed by one of the Circuit
Judges, countersigned by any clerk.
No particular clerk was custodian OF
the bank or check book and all had
access thereto, thus dividing an import
ant duty and responsibility and invit-
lIlS COnStdHI SITOT DIS We'll DIS cIludA5CI-
ing the safety of the funds
On May l, 1906, by a rule of this
court, the system as to the court funds
which had existed prior to 1900 was
again adopted, i. e., the Clerk Of the
Judiciary Department was once moro
made the sole custodian of the court
funds, bank and check books, and
thereby authorized to sign checks, with
the approval of one of the Judges. No
other clerk has anything whatever to
do with the funds, bank or check book,
except that all money paid into court
shall Immediately be paid over to the
Clerk of the Judiciary Department by
the clerk receiving the same.
In addition to the requirements OF
this rule as stated, the Clerk of the Ju-
dietary Department is also required to
make monthly reports to the Judges of
this court concerning the funds and to
have the bank book regularly written
up; all of which. on his part up to the
present time, has been carefully COM
piled with.
Under the present system as thus
briefly outlined, I feel that the court
funds are about as safe as it is prac-
tically possible to make them.
The duty and responsibility for the
accurate and honest handling of the
funds being thus concentrated in one
clerk would seem to be a sufficient
guarantee against error or loss.
I am authorized by the Second and
Third Judges of this court to say that
they concur in the foregoing sugges-
tons.
CIVIL CASES 1s05-1906.
With jury