The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-04-19

the Riverside Baseball league, asked
the Board for the use of the Aala park
on Sundays for baseball games. This
was referred to the Parks committee.
THOSE UNGUARDED PRISONERS.
County Attorney Cathcart submitted
his opinion of the legal phases of the
leaving of prisoners unguarded n the
Circuit Court on March 16, 1907, by
Sheriff Iaukea, which had been made
the subject of an inquiry by a special
committee of the Supervisors. The
County Attorney wrote in part:
THE facts as found by your COM
mittee and to which 1 am to apply the
law are as follows:
Certain indictments, having been
found by the grand jury, were returned
into court, whereupon the Court order
ed bench warrants TO be issued Tor
the apprehension of the persons IN
dicted. Pursuant to the order con-
tanned in the bench warrants, the
County Sheriff proceeded to arrest the
persons in the bench warrants named,
and had them on the 18th day Of March,
1907, before the Court for such dispo-
sition as was proper to be made OF
them in the premises. Having so Tar
obeyed the orders of the Court, the
Sheriff then left the prisoners without
any officer in charge of them, and they
so remained unguarded until me patrol
wagon was sent to reconvey them TO
the police station.
THE legal question involved IL
whether it was the duty of the SheriH
under the law to guard in the court
room the prisoners, whom he had ar
rested on these bench warrants. L
would say, unhesitatingly, that 1t was
his duty to so guard and safely keep
these prisoners.
1.-The law (Section IS of the County
AcD says that the County Sheriff shall
attend all Circuit Courts held within
the County and obey all lawful orders
and directions of all Courts held within
the County Among the duties de-
yoIved on him by law is TO safely keep
all persons committed to his charge.
The bench warrants were lawful orders
of the Court. Under these bench war
rants. it was the duty of the County
Sheriff to apprehend the prisoners ana
under the law he was then required 10
guard and safely keep them until DIS
charged from his custody by due
process of law.
This. I believe fully answers your
inquiry concerning the legal aspect OF
the investigation"
NO COMMENTS.
The communication was received in
silence that could be heard and the
clerk hurried on to the next communl-
cation. which was a kick on the con-
Do 10 no cn nnOrlX IRDIeO
that sit is dangerous to pass through.
This went to the Improvement anu
Electric Lights committee.
WITNESS FEES.
Harvey reported that he had been
informed by the Auditor that the mat
ter of paying criminal witness fees was
being dumped on the county anu d'N
ed what was to be done.
Hustace said he did not see why the
county was to be put to this expense.
The county had hard enough time
RI get along now. He asked Harvey
tn see the Sheriff about ways ana
means and in the meantime the hope
might be relied on that the Legislature
would appropriate for this purpose
ROAD MONEY PAU.
Archer reported that the road wSk
in the Eva district was pau, the money
having run out. Hustace said II
would have to remain so until the IL
cense money began to come in.
I'VE will have to sail close to the
wind for the next two months he
cautioned.
GARBAGE RATES.
Harvey was called upon TO make d
raport on the garbage Zee matter
wanting to leave It TO the Road super
visor. 1t was resolved to let the new
rates go into effect from the hrst Oh
May Hustace thought hopefully that
there would be no great KICK
The Board adjourned until April 20