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

of legislation on matters that the au-
thor has earnestly studied, for the Inn
provement of the administration oil
Justice. Increase OF pay for clerks,
stenographers and jurors are advo-
Gated. The report will no doubt be
made a special subject of study by the
members of the Legislature. in connec-
ton with their present consideration of
business for the coming session. Judge
De Bolt in the record of work accom-
plished in this circuit for the past
year, shows a substantial reduction of
the calendar from its former congestsd
state:
To the Honorable W. F. Frear, Chief
Justice Supreme Court
/ have the honor to submit the fol-
lowing report for the year 1906 rela-
tive to the work Of the Circuit Court,
First Circuit, together with a few sug-
gestions. 1 will take up the sugges-
tons first.
SUGGESTED LEGISLATION.
1 would respectfully suggest for your
recommendation to the ensuing Legis-
lature the following legislation:
Salaries of Clerks. That the salaries
creased to a sum commensurate to the
value and Importance of their duties
and services in the administration of
justice. And. in harmony with this
view, 1 would suggest that the three
court clerks of the Circuit Judges Of
this Circuit each be allowed a salary
of $3.50 per month.
AS to the character and value of such
services, as viewed by the Congress Of
the United States the salaries of the
clerks of the U. S. District Court of
this Territory may be referred to. The
work of the clerks of this Circuit is
very important and involves long
hours and close application.
A clerk of court of record must
necessarily possess an education, ex-
perience and intelligence, as well as
personal honor and integrity, far in ex-
cess of the requirements Of an ordinary
amanuensis, or other employee whose
duties are merely routine and mechan-
ical in character. His educational
qualifications, as we'll as his station in
life, and the manner in which his posi-
ton requires him to clothe himself, as
well as the character end value of his
services, being considered. he is en-
titled to an emolument commensurate
with his employment.
In the mair and states and terri
tories, where he actual cost of living
is far less than in this jurisdiction,
the average p. y # the ordinary court
room clerk is equal to or exceeds the
present salary here, and l am salts
fled that an increase in the monthly
salaries of all the clerks of this court
to the sum of $780, is necessary and
just to make their compensation equal
to that for those performing similar
services on the mainland, in view of
the increased cost of living in this
Territory.
The duties of the clerks absolutely
demand that they be in attendance and
at work, long before and after the
hours during which court may be in
session and during which the clerks
Office is open. 1t is not unusual for
the clerks to be at the office and at
work in the discharge of their official
duties as early as seven o'clock in the
morning, and to continue working, with
short intervals for meals, until eleven
or twelve o'clock at night, and in cases
of Importance, involving Intricate ques-
tions of law, it is sometimes necessary
for the clerks, as well as the other
officers of the court, to remain in at
tendance all night awaiting the deliber-
atoms of the jury, in order to provide
for the giving of additional instruc-
tions, should such instl uctions be re-
quested. There is no additional COM
pensation. provided by law for these
extra hours of labor, and in justice to
these officials, these extraordinary and
unusual services should be taken into
account in fixing their annual compen-
station and fixed salaries. If the sala-
ries of these officials were fixed at an
amount commensurate with the value
of the services rendered by them, the
judges could well dispense with the
custom and practice of appointing
these officers to fill special positions,
involving extra compensation. in re-
cognition of such services and the in
trinsic value thereof.
And, in this connection, would sug-
gest such appropriate legislation as
may be necessary to the end that no
clerk of any court may be appointed
commissioner. trustee, executor, guar
dian or other such officer, except pos
sibly that of master. If this view
should be adopted. i. e., clerks to be
appointed masters only, then. perhaps,
a salary of 1925 per month might meet
the requirements; otherwise, as already
stated the salary should be $3.50 per
month.
In my opinion, 1t would also tend to
better service and more satisfactory
results IL there were an absolute and
total separation of the offices of the
clerks of the Supreme and First Cir
cult Courts.
Bailiffs That the bailiffs of the
Judges OF this Circuit be made ex Of
ficio assistant clerks and that their
salaries a. such be fixed at 800 per
month each. In addition to their usual
duties as bailiffs. there are many ways
in which they can assist the regular
clerks. Such duties will readily sug-
gest themselves to the minds of one
having a practical knowledge OF such
matters. Moreover, the duties are not
conflicting, but are such that they can
as well be performed by one person
as by two.
Stenographers. That the shorthand
reporters of the Circuit Court, First
Circuit, be allowed salary OF 5000 per
month each, which had been. I believe,
their salaries for years. until the Leg
islature OF 1909. saw fit to reduce it,
s.NaN