The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-01-15

Act 81, Laws of 1905 That the Coun-
ty Sheriffs and Deputy County Sheriffs
be given the same powers in matters
OF attachment that the High Sheriff
and his deputy now have under said
act.
Assignment of Counsel. That in
criminal cases where the defendant is
charged by Indictment with murder in
the first degree and has no money,
property or means with which to EN-.
ploy counsel, and Is otherwise unable
to secure counsel for his defense, the
court, in assigning counsel in such
case, shall also order that all reason
able and necessary expenses incurred
in such defense, including transcript
of the shorthand reporters notes, to-
gether with a fee for his counse', 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 1905 a shortage occurred in the
funds of this court amounting to ST.
636.S3, 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, 1 am pleaced 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 a
charge of embezzlement and the other
one on various charges, including
toI gerry gross cheat, &C. A nolle
prosequi was entered by me Attorney
General as to the one charged with
embezZlement, and he was 'scharged:
while as to the other me, he pleaded
guilty to one of the charges against
him and was accordingly ser fenced to
imprisonment at hard labor for one
year, whereupon nolle 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, l am inclined to the opin-
lon 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 1t
the duty of the clerk (any clerk) re-
ceiving money paid into court to de-
post 1t in the First National Bank of
Hawaii to the credit of the Circuit
Court, First Circuit, to be drawn ont 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-
ing constant error as well as endanger-
ing the safety OF the funds.
on May l, 1906, by rul OF this
court, the system as to the court funds
which had existed prior to 1900 was
again adopted, 1. e., the Clerk OF the
Judiciary Department was once more
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 o; 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