Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-02-13
law UNJUST 70 TAX
PAYERS, SAYS DE- Bolt

Judge De Bolt, in open court this
morning, made recommendation
which, II carried into effect by the
Legislature, would have the effect of
saving to the taxpayers of the Terri.
tory each year large amount of
money which they are now required,
uniustly 1t would seem, to pay out
and for which they get absolutely no
return.
The recommendation relates to jury
fees in civil cases. The Judge con.
tends that all civil cases are merely
matters between man and man. and
are of little or no interest to the PEG.
pie at large Nevertheless, the people
are taxed for the expenses Of all such
trials. Not only this, but case may
be set for trial and then a continuance
asked for and granted, not only once
but several times. Each time the
Jury appears. they are entitled to draw
their fees, amounting to 81 per day,
whether they sit Ia trial or not.
Such an instance came up this
morning in the ejectment case of J. o.
Carter vsAhuomO. The case was set
to be tried this morning, but the par
ties were not ready, and as conse.
quence, II cost the Territory s72 in
Jury fees, with nothing done. In com.
menting on the matter, the judge said
In part:
THE case that was on trial this
morning, and for which purpose ] eX'
pressly excused the jurors yesterday
morning, and also the jury in the case
yesterday when we adjourned c6urt
to this morning. the parties have ap.
peared this morning by their attorneys
and requested continuance to lat
er date. The reasons upon which
they ask for a continuance were such
that il would seem rather harsh for
me to require them to have gone to
trial this morning, almost Injustice
perhaps, although | believe under the
law | would have been justified in re-
curing them to go to trial.
This very forcibly brings to my
mind what | think would be n very
| excellent law for the Legislature to
PASS. that all cases be placed on the
! jury waived calendar and If the party
desires jury trial, which the Consti
tuition of the United States provide
he is entitled to, he might have tGG,
trial by requesting il and making a
deposit of acerta!n amount to cover
jury fees for one day or more, such
as in the wisdom of the Legislature
they might think proper.
However, the party should be re
quired to deposit some portion OF the
expenses that the Territory Is re
quired to be put to in furnishing jur
ors for disposition of cases between
man and man. II will readily occur
, to any of us that the Territory has nc
direct interest, possibly no interest at
all, in any civil case that comes before
! the Court.
"ln the case that was up today for
| trial. an ejectment case. simply o
question between two parties as &c
who was the owner of certain land, II
is totally imma.erial TO the Territory
who would be successful in that and
1t seems little harsh that the tax
payers should pay for all these things
1t sens to me that the litigants them
| selNes-thc losing party ought to pay
all the costs, including jury fees, OF
at least portion of them. And where
a case Is set down for trial and one
party wants continuance, ! thini
that he should pay for the attendance
OF the jurors on that day, regardless!
of the result of the case. There are
"a jurors today, that Is $72. The Ter
ritory has to pay s72 and has nothing
to show for II"