The Hawaiian gazette., 1916-03-03
CIRCUIT IURISES
ARE 'TN|xT DEVIL
AND EPBLUE SEA
They All Declare Mills of Gods
Cannot Grind Without Money
For Expenses
WHERE THAT IS COMING
FROM NO PERSON KNOWS
i
Supervisors PowerIesS, teglsla-
tive Relief improbable and
Governor Is Uncertain

Sir.-The appropriation heretofore
made to carry the expenses of the first
Circuit court is exhausted and your at
tention is respectfully called to Act
SO, Session Laws Of Hawaii, 1918, with
regard TO the mourning of expenses in
the absence of an appropriation. -
Worded as above, a letter signed by
James W. Lloyd, deputy city auditor,
was placed in the hands of the three
circuit judges, their court clerks,
Henry Smith and his deputy, John A.
Dominis, and even s. w. Kaleikini,
messenger in the clerk s office and bail.
if of the territorial grand jury, yes.
terday by Representative Eli j. Craw-
ford of the city auditors office.
,"NO money, no court was invari-
ably the answer of the officials con
cerned when asked yesterday what was
the outlook for the future in the mat
ter of securing funds to keep the cir
cult court divisions and its branches
going.
Expense Account overdrawn
The appropriation for court expens-
es, out of which grand and trial jur-
Ors, bailiff and Office expenses are
paid, is said to have been already
overdrawn to the tune of 5000 or
more. The supervis RS are specifically
forbidden by law to pay any money
in excess of the appropriations made,
but in the matter of the court expcn,
SEES they had no say whatever as the
appropriation was fixed by the last
Legislature.
1t is claimed that where the legisla
ture was lavish in appropriating money
for less important items, it was ex-
tremely niggardly in its consideration
of the local circuit court, whose bust
ness increases at rapid rate from
wear to year, the expense augmcnting
in proportion to the increase of bust
ness.
The supervisors see no way ont of it,
although athe city attOtney g force is
bhfnin6 the midnight oil in an attempt
to locate n loop hole somewhere by
which they NAV come to the aid of
the Judiciary. SO far, the city attor-
nev and his several deputies have been
unable to see daylight ahead and D
safe course for the city fathers to pur.
sue if they are to come to the assis
lance of the financially stranded courts
at all.
Legislature Fixed Amount
The Legislature appropriated only
500, 900 for the local circuit court ex-
penses for the two years ending on
June 80, 1917. Half of this amount,
or $4,000, apportioned for the year
ending June 30, 1916, was exhausted
long ago and, it is claimed, more than
$4,000 of the $l4,5OO apportioned for
the twelve months following June 30
next has also gone. This leaves less
than $4,000 on hand to carry on the
work of the courts from July |, this
wear, to June 80, next year.
AS the supervisors understand the
law they cannot appropriate money to
help the courts in that fixed by the
legislature for court expenses. Heavy
fines anal Jail sentences stare them in
the face. Likewise, should the circuit
judges and their clerks incur excess IL
abilities it is understood the law will
hold them responsible in Ike manner.
Ways Out of Pililtia
The only way out of the difficulty, it
Is claimed, appears to be for the Gov
ernOr ~ call special session of the
Legislature to meet the situation. The
of the fifteen senators
and thirty representatives for the spec
ial session would amount to $4,000, with
$1,000, more or less, to be thrown in for
mileage of the members, and from
$4,000 to $4,000 for clerk, clerical hire
and running expenses of the lawmakers.
One other way out of the diff.
fculty would be for the Governor to
set aside from his contingent fund of
5000, intended primarily by the legis
lature to; fill such, gaps in finances as
the present one in judiciary circles, it
is claimed, sufficient money to carry the
courts until the ninth Legislature of the
Territory cOnvenes in February of next
year. Just what is the present draw
ing power of the Governors rOnting-
ent fund, is a mystery, claim others,
who doubt II there is enough money in
the fund now to bridge the court ex-
pense gap, even If Governor Pinkham
was minded to come to the rescue of the
Judiciary in this manner.
Rather Interesting
The situation, as it is today and as
sized up, by, eminent judges, clerks,
lawyers and others interested, is most
"We re between the devil and the
deep blue sea-" said one jurist yester
day.
How can | work if | no get money
for payf' asked BailiH Keleikini.
" More better | get vacation now"
He had been notified during the day
by the city auditor that he might work
all right, il he cared to, but that he
need not look for his saIaky warrant on
March 81, or for some months after
that.
3aDf. the circuit igFists least hit 10y the
of the courts here is Judge
Whitney! His division seldom has jury
trials whiGheare always expensive Nor
has he q grand Jury TO pay every week.
His trial jurors, who had been sum
mOned for the first TING this year for
last Wednesday, have been excused un-