Honolulu star-bulletin., 1916-03-29
TWO ITEMS in
DAVIS REPORT
NOT APPROVED
CIemons Summons Former
Clerk; ENTIRELY UnwaTant-
ed" Latter Says

WIFI IuS SACtpI4OH Vi l"O lIS!Its,
Federal Judge Charles F. Clemons to-
day approved the accounts of Foster
L. Davis as clerk OF the local United
States court, the accounts dating from
January /, this year, up TO the time
of Davis removal by Clemons
Davis was summoned into cour:
shortly after 10 o'clock this morning
On a subpoena served by Marshal J..
j. Smiddy at the instance of Judge
Clemons. Judge Clemons and the
clerks declined to make the proceed
ings public.
Wants Proceedings Public.
In a statement to the Star-Bulletin
this afternoon, Davis declared that he
wanted the proceedings made public,
His attorney, Robert w. Breckons,
stated that he could see no reason
why the facts should not be published.
The items in the accounts which
ere not approved by Judge Clemone
had to do with the payment of salaries
to Deputy Clerks William L. Rosa and
Ray E. Rietow from the first of the
year up until the time of Davis, re-
moval. 49,"
During that period Rosa's and Rie-
tow's salaries were paid partly in cash
and partly in promissory notes given
by Davis, the amount paid aggregat-
ing $616.67. This syssem Of payment,
declare those who profess to know, has
the approval of the department of
justice
Why Judge Clemons refused to pass
on these items is question which
would not be answered by federal Off
cials today. The Judge himself re-
fused TO comment on it. He continued
the accounts matter until Q O'clock
next Monday afternoon for further
hearing. -
No Pay for Six Months.
According to those interested in the
case and who profess to be in close
touch with federal court proceedings,
for years tho deputy court clerks have
not been getting their pay until the
lapse of six months, the accounts OF
the clerk being approved by the court
every six months.
For this reason the deputy clerks
had to either get along without any
monev at all or borrow some to tide
them over until the date On which
they were remunerated for their SER
vices. In case the money was Dor;
rowed, it being usually borrowed from
a local bank, the clerk would show in
his accounts payments to the deputy
clerks, which, as matter of fact, had
never been made. This showing
would be in the form of a voucher
showing receipts of the. money.
Then, when the .salary money was
finally forwarded from Washington it
would be paid TO the deputy clerks,
The chief clerk, however. is paid by
the marshal on the first of each
month
Last year, it is said, the depart
ment of justice registered a kick" re-
garding this practise, which is said
to have been carried out for about II
years.
The department stated that it
would not accept vouchers on ae-
counts unless the money had been ac-
tualiy paid to the deputy clerks It
stated, however, that If the clerk, with
the consent of the deputies, gave
promissory notes for their salaries,
the clerk could then include the vouch.
ers in his accounts, and these would
be accepted.
MORE -
Says Davis Acted Lawfully.
This latter proceeding, it is under
stood, is what Davis adhered 70,
WHICH, say those interested in the
case, the department of Justice has de-
clared he might do.
Those who were in court this morn
ing say that Judge Clemons made a
statement to the effect that the clerk
should bear the burden of paying the
deputies in advance and that the bur-
den should not be borne by the depu-4
ties.
The law provides" Mr.. Davis said
today, that the salaries of deputy
clerks shall be paid from the earn
ings of the clerks office. During the
last Is years, and since the institu
tion of the court, the earnings in this
district have been insufficien to pay
the salaries of the deputies. v.@=z1
1T has been the practise therefore
for the clerk to include in his semi
annual accounts vouchers covering
the payment of the salaries of the
deputies in full Upon receipt of
treasury warrants, covering the bal
ance Of salaries due the deputies, this
money would be paid over to them cy
the clerk
sIn calling my attention to the tech
nical violation of Section 35 of the
Penal Code, which provides that no
vouchers shall be submitted by fed
eral officers which do not cover ac-
tual payments, the department sug-
gested that my personal notes to cover
any balances due the deputies would
meet the, requirements of the law as
actual payments.
Accordingly paid to Mr.. Rosa the
sum of $135.21 and to Mr.. Rietow
S90.14 yesterday and gave them in
dorsed notes for s234.79 and $156.53
respectively.
Il shall take this matter up direct
ly with the attorney-generaI in due
course and claim that Judge Clemons'