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T THE WELL-CONDUCTED " -t
NEWSPAPER j
t6
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Ity available to the goner
nl advertiser.
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t PRESIDENT WHITE.
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f BOSTON, t
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HONOLULU, TBURITORY OP HAWAII, MONDAY, AUGUST 2f5, 1002
Prior 5 Cents.
'NW'V' fJt T v "7,"r".
Bulletin
JtTOENIN
m
Cv
1111,1111
w
Charged With Murder of
Countryman on
7th Inst.
NATIYE SAYS FELLOW
HAD GUN WITH HIM
THREE MEN SENT OVER BANK BY
ONE SHOT NAIL USED IN
CHARGE OF 8HOT SOME ,
! OF THE DETAILS.
A Chinese taro planter living In the
Llhue district eomo distance up tu
river from Nlumalu, has been arrested
by Sheriff Coney on the charge' Of
hiving murdered a countryman otf'tbB
nlcht of the 7th Inst. No details of tho
crime came to Honolulu until yester
day. It appears that on th night of Au
gust 7. three Chinamen went from their
plates up the river, to some place far
ther down or probably to Llhue. Each
man carried a lantern and, on account
of the narrowness of the pathway,
walked along Indian fashion and very
close to each other.
Suddenly a shot from the shadow of
u clump of trees near by rang out on
the still night air and, simultaneously,
nil three Chinamen rolled over tin'
bink. It did not take long for two of
the number to Jump up and run away,
one up and the other down stream.
The third man did not get up. He
had been killed Instantly.
The other two Chinamen spread the
alarm and Sheriff Coney and a posw
were soon on the spot making Investl
gitlons. The dead Chinaman was examined !
and It was found that his back was
literally covered with small wounds
from which over 123 shot were picked 1
out.
What killed the man-was n large nail
with which the gun used In the on
slaught was loaded. This ralssle en
tered the man's neck and came out In
the region of the mouth. Undoubtedly
the shot was fired at him for he re
ceived nearly the whole charge of tho
gun while walking In between his com
panions. The othci two men did not escapo
without Injury. The back of each was
peppered with shot and this Is what
caused them to fall over the hank.
The police worked steadily on the
case but could not locate their man, al
though suspicion rested on a certain
taro planter, It having been learned
that he and the murdered Chinaman
had had a serious altercation over cer
tain leases which ended In a very
stormy Bccne.
This, however, was not evidence
enough on which to arrest the China
J in but the police kept up the good
1 k. Finally, on Tuesday last, a na
tive gave the sheriff the details of his
meeting with the Chinaman under sus
plclon on the night of the murder, not
very long before tho fatal shot was
II red.
Undoubtedly, the Chinaman was then
proceeding on his way to the spot
where he expected his victim to pass,
The native, knowing the Chinaman
well, accosted blm but the fellow aid
not reply and went stoically on his way
down the stream. In bis hands was
a muz7le loading shot gun such as Is
used by the Chineso rice planters tn
scare birds away when the crops aro
ripening.
The prisoner has said nothing tn tho
police about the affair, they believe
they have the right man.
SPAR WytlTO
Captain Moshcr of tho steamer liana
lei reports that on tho recent trip ol
that vessel a timber about 90 feet long
und looking like tho topmast of sonu
vessel, wub sighted in latitude 23N.
long. 1G9W. The spar looked as If II
had been in tho water only for a short
time. While some wiocknge from tho
Ceylon was found floating near and on
the beach of Laynan Island. Captain
Moslier Is positive that the spar men
tinned did not como from the Ceylon
as It would be Impossible for It to get
to that position.
Nearly all the cases In the Polica
Court this morning were continued. Ah
Too was assessed $5 for using profano
language and Yamana had to pay $100
for selling beer without having a li
cence Yamanl sold the beer in hli
store In Kallhl, where he was caught
In the act by Officer McDuffle. An ap
peal watt noted.
SIX FOR A QUARTER AND BETTER THAN MANILA'S
NATHAN HALE
CUBAN 5c CIGAR
L F. STERNEMANN, Fori
HAD BEEN PROSTRATED
THE PAST SIX MONTHS
BORN IN LONDON FIFTY-EIGHT
YEARS AGO LIVED HERtiFOR-
TY YEARS HELD PUB
LIC OFFICES.
Thomas Alfred Lloyd, one of Hono
lulu's oldest aud most esteemed citi
zens, died at his residence, Kallhl, at
5:30 o'clock this morning. He was
born In London In 1844. being Tn the
SSth year of his age at death. Six
months ago Mr. Lloyd sustained a
stroke of paralysis, which laid him
prostrate until the end came.
Tho late Mr. Lloyd came to the Ha
waiian islands around Cape Horn for
ty years io. His career l.aB been In
dustrious and useful. Many years ago
htfirngaged In sugar planting on this
Island. Eighteen or twenty years ago
he was road supervisor for the Kona
district outside of Honolulu and tbc
highways under his Jurisdiction were
the admiration or all who traveicu
thum. loiter he was connected with
the Tax Assessor's offlca and when
strlcheu with his last Illness was
road supervisor for Honolulu.
He leaves a wife and guv en grown
up children James, Thomas, Albert
and Artltir. sons, aid Mary, I.ucy and
Edna, daughters. Tho three eldest
sons hold'icsponslble positions In Ho
nolulu. James Is with Alexander &
llaldwln. Thomas with tho 11. !'. Dil
lingham Company nnd Albert with tin.
Metropolitan Meat Company. .Mr
l.loyd was a man of splendid physique,
his athletic figure making him conspic
uous In any "group. In, every relation
of lire bejtfaB Exemplary, and hu.Vad
a genial disposition that made friends
of all who knew him.
The funeral will take place from 'the
family residence to Nuuauu cemetciy
at 3 o'clock tomorrow afternoon.
At about 4:30 o'clock yesterday af
ternoon while Win. Savldgc was sitting
In his office 011 Merchant street, ha
smelled something like burnings rag
and weut out back of the building tn
see what the matter was. Upon his
arrival there he saw volumes of smok
comlnj out of one of the windows of
the Hawaiian Hardware Co.'s store
rooms. Ho climbed the ladder near
by anil, looking In, discovered that
some of the bags of waste which had
probably been smouldering since thu
fire on Saturday, had begun to burp
again In great shape.
Savldge notified the walchmun and
he In turn notified the police officer on
duty outside. The three soon got to
work and soon had a couple of the.
burlng bags of waste out of tho room
and Into the alleyway between the
buildings.
A hose was procured and the flra
could easily have been put out by the
volunteers. However, John Etllngei
appeared at an upper window at Just
about that tlmo and, saying that tn case
another fire should break out he would
be blamed because he knew of It, he
had an alarm turned In from box 13.
The chemical engine responded and
soon had the fire out.
Had this second fire started In the
night time there Is no question what-
.oxer that there would have been an
other serious conflagration.
IS
In the fire of Saturday last the Ha
waiian Hardware Company, which suf
fered almost a total I033, was Insured
for $53,500 In the following companies
and for the following amounts: Trans
Atlantic, J13.500; Greenwich Insurance
Co., JG.500; Nlagan, J4.250; Traders',
1.750; Royal, $3,000; Scottish Union,
$5,000; Insurance Company of North
America, J2.50O; Agricultural. $2,500;
I National, $3,500; London & Lanca
shire. $5,000; Harttord, $3,000; and
Caledonian, $3,000
I The Insurance on the whole building
affected by the fire amounts to $25,000,
idlvlded as follows Trans-Atlantic,
j$5.000; Liverpool, London & (51obc.
$5,000, New Zealand. $5,0(Vt St. Paul,
tl r.hft. Vtl.nqi,. -.nni1. nn,, llM. I.
,donce; ,m n'ls estimated that tho
loss on the building will not ho more
than 5 or 6 per cent of tho total
amount of Insurance.
David Lawrence's stock of cigars,
tobacco, etc., is Insured for $0,000 and
the fixtures for $2,500. This brings
the total of tho insurance to $37,000,
Resides this, there aro smaller
amounts of Insurance which will prob
ably bring the grand total up to $90,
000 J W A Redhouse, the watchma
her had $1000 In thu Phoenix and
$500 In the Traders' Insurance Co.
Street, opposite Club Stables
Wailuku Fusion Plans Are
MUCH DESIRED BUT
Meeting Many Difficulties
Wailuku, Aug. 23. In response to
the urgent request of many Kepubll
cans and also of tho delegates who will
go to Honolulu next week to the Terri
torial Convention, Chairman Pogue has
called a meeting of Wailuku and Ha
makua precincts, for next Thursday,
for the purpose of nominating candl-.to
dates for Representatives from thcsolphlllp Pall, both of them excellent men.
precincts, as each of them are entitled
to ono candidate.
Sam Kalama. deputy sheriff of Maka
wao, Is considering the request of the
most Intlumtlal voters of his precinct
to run for Representative aud he may
give his consent. Sam Is very; popular
from Iluelo to Ulupalakua.'andTIs a
very Intelligent and capable young Ha
waiian. J. K. Kahookele Is canvassing for
names ftuui among his Wailuku admlr
crs for a seat at the coming Leglsla
line to represent Wailuku Republi
cans, lie has succeeded In having his
list signed by over seventy bona fide
voters of Wailuku district, some ol
them Home Rulers, Democrats and lie-'
ON miBM
At a meeting of the Board of Edu
cation this forenoon, at which Com
missioners Jordan, Hopkins, Wood and
Sunerlntcudent, Atkinson . co present.
tnetioitowing recommendations oina
Committee on .Teachoni, were unanW
mously adopted:
1. That the matter of selecting a
successor for Miss Maud Wood of the
Houomakau school bo left In the hands
01 the Siipeilntendcnt
2. That thu Superintendent be au
thorized to act lu the matter of vacan
cies and changes in the District of
I'uua.
3. That Carteton Miller be transfer
red from Haena, Kauai, to bo assistant
In thuTapalkou s'cHobl. In placo of
Miss Maria Maby, resigned.
4. That Mis. J. 1. Nlshwllz bo ap
pointed assistant In the liana school,
In place of Miss Violet Lima, resign
ed.
5. That the ii'slgnatlon of Miss Lena
'Deveilll of the Hanalcl school bo ac
cepted, to take effect August 31st.
C. That Ml Florence Deveilll be
appointed assistant In the Hanalcl
school In place of Miss Lena Deverlll,
resigned.
1. That Mr. It. L. Ogllvie be ap
pointed principal of the Haena school.
in place of Mr. Carleton Miller, trans
ferred.
8. That Mr. David Lnnmea be ap
pointed assistant In tho Haena school,
In place of Miss Mary I.0110, resigned.
9. That the appointment of an assist
ant in the Hnuamaulii school be left In
the hands of the Superintendent.
I. That tlie resignation of Mrs. It.
C. L. Perkins, principal of the Polio
kalna bchool be accepted to tako effect
August 31st.
tl. That Mrs. S. D. Heapy be trans
ferred from the Kaahiimanu school to
bu principal of the I'ohukalua school
Capt. Wilier
On Saturday evening the steamer
Hanalcl returned from Laysan Island
bringing tlie captain and crew of thu
bark Ceylon and the news that that old
vessel bud been abandoned to her fate
In a sinking condition. t
The C'evlon left Laysan Island for
litis port on July 23. Sne was not leak
Ing when she left but on the second day
out, the water came In at a rate of
fifteen Inches an hour and In vlnw of
this Captain Wilier decided to return
to lA still. Al. however, westerlj
winds sprang up which would give blm
a fair passage to Honolulu, Captain
Wilier ciunged his mind and held hU
course for this port.
The steam pumps wcio stared to
work but as these soon broke down,
tho crew had to be put to work on thn
hand pumps. All hands were put to
work even Mrs. Wilier and tho rook
assisting, but still the water came Into
the hold faster than It could bo pump
cd nut.
On July 2 matters became still worse
the winds shifting and heavy sens be
ing encounteied. The bark was then
about 300 miles from Nlilmu and Cap
tain Wilier deiided to put back to Lay
san, Ily this time all on board were e
liniiited bj strenuous work put In b
them ut the pumps The vessel's hold
was full of water and as tho piimpsi
vv cry' clogged with gunno they were
now 1 entitled umli-ss I'udcr these de
puting iliiuinst.iuccs. Captain Wlllor
uill -d it nn eting of those on board ami
ii wis decided to return to Laysan. Tim
following day matters were still worsa
nwl all hopes of saving the old vessel
wcro abandoned.
publicans, and a few have no right to consent to run on the Republican ticket
vote at all. Wailuku might be forced as Republicans. Either Is willing,
to nccept Mr. Knhookele as there Is no 1 howovcr. to run as a Democrat and
other available candidate from Wal-1 affiliate with Republicans in every
tuku, a very sad state of affairs for the f thing even In voting against obnoxious
leading town of Maul, the supposed measures by Home Rulers, but will not
seat of learning' I
I.ahalna has two candidates anxious
bo nominated. A. N. Hayselden and
Hana has three eager to get the one
place J. K. losepa, W. P. Mala and willing to sign the roll for they argue
Rev. K. M, Hanuna. Molokal has two that would mean foreswearing their
I). II. Kauhaulcllo and Joel NHka-1 allegiance to the Democratic party,
leka. Makawao and Kula have their tlryan and the brilliant host of Demo
cholcc In Edgar Morton. Wailuku Is cratlc leaders. That's the rub. The
still hunting for a candidate, one that sympathies of the Democrats, all their
Is sure of winning. Bam Kelllhol doci ' Interests are with the Republicans, and
not aspire to the place and other prom-' they feel that Wilcox should not be rc
Inent Republicans are likewise a v crn , turned, but when It comes to signing
to going to the Legislature with small the Republican roll, they would rather
capital, for It takes a Home Ruler to go stay by and see Wilcox march vlctorl
16 thu Legislature with nothing. The ously to the ballot box. The Dcmo
nopubllcana are willing to nccept T II, crats icallze that their Interests In this
Lyons If he will run on the ilcpubll-
can ticket for Wailuku, but both Mr. ,
Lvons and Attorney J, L. Coke, the ,
Wailuku Democratic boss, will not
In place of Mrs R. C. I.. P. Peikus,
Jtfslguod.
13. That Miss Ethel Wolfe be Hans
fcrred from the I'ohukalua school to
be an assistant In the Kaahumnmi
school In placo of Mrs. Heapy trans
ferred. 13. That Mrs. Ellen Ken way, foi
erlv Miss Ellen Cook, be aiiDolnted
assistant In the I'obukalnn school, lu
place of Miss Ethel Wolfe, transferred
to Kaahiimanu. '
II That Miss Louisa I'ihl bo trans
ferred fiom the Wallul.11 sihool . be
an nsslstuut In tho I.ahalna school.
15. That MIkh ltowenu Richardson
be transferred from tho I.ahalna
school to bo an nsslstant In the Wai
luku school. (In other woids, Miss
ltlehanlson and Miss I'ihl exchango
places.)
- in. That the resignation or Miss Adu
line O. Clark of the Normal school bo
accepted to take effect August ,11st.
'I
I In our t Ity ll our team could only go
At about 8 o clock Ust Saturday (,imn ,. nf he Honolulu League
night a kulllng nffray occurred In tlu.ju,ams lolll, t,qnic hort. wt. ,,,,
iiit'HiKuuiii ui mi- nuiiiiL-rn 1111 iiie trans
port lluford. which Is now lu port. Two
of tho men, Will Ne,alc and (loo. E.
Patterson, wore playing niouttt vvlieji
a dispute arose over fifty cents, nnd
after a few heated words. Neale drew
a knlfo and stabbed Patterson In tho
Hiuiii, wiuieiiUK a uuue suriuus wuuiiii.
rseaie. was put in the guard house
and will probably bo court-martialed
in San Francisco. Tho wounded man
was taken to tho military hospital on
Wylllo street.
Don't forget Camannos of tho Call
fornlt Fruit Market when you want
fruit and vegetables. He always has
on band a fresh supply of both Califor
nia and Island fruit Telephone Main
378,
Says Ceylon Was Seaworthy
The next day. the morning of July
4, the Ceylon was left to her fate. Thrco
boats wero put In the water but as ous
of them was swamped only two re
mained for the passengers and crew to
get uwny In. Resides the cicw, Mrs.
Wilier, her )Oung son and six Japan
ese passengers were on board tho Cey
lon. Captain Wilier, his wife, child,
the second mate, three sailors anil four
Japanese. First Mute I.orenen and
tho remainder occupied the second
boat. Captain Wilier hail his nautical
Instruments with him and lend thu
way, it bright light being burned fiom
his boat at night to show the mate's
boat tlie way.
The voyage back to l.ajsan In th"
open boats was necessarily full of hard
ships. Salt wuter soaked the food and
to udd to tho troubles Captain Wlllor's
boat began leaking, making It ncces-
sary to keep two men bailing all the
time.
After four dns and tluce nights ol
this tho l.avsan Island light was finally
sighted on the evening of the fourth
day. With Joj In their Iteaits the ship
wictkcd people st.eted fin the light
and soon climbed up on terra firnia
onto more
Thev slaved on Liiysnn six week"
until the steamer Hinalcl arrived. The
Ilonalel returned to Honolulu aflei u
stay of about a week, nlth n full cargci
of Ktinnn She hiltim- lr.uk with hot
besides the 1 row ami p.isseitgeis of the
Coylou Captain Si hh miner the man-
ager of Lavsan. and im JnpanoSR.
II A Ismiberg whm asked this
morning about tho (aits comernlns tho Inrlt of watet in mo weeks. I am will
Ceylon stated that the fails were very , lug to swear, to Uii and so Ig Jovery
much dlffeient from those given by members of tho crow."
lose Identity as a Democrat. Mr. Lyon
seems to think there Is no political
faction like the Democrats. The Demo-
crats would fuse with the Republicans
only In voting the ticket but arc not
fight for supremacy In tho Territorial
Legislature arc Identical, but to enroll
Is very bitter and cannot he endured
for party pride cannot be effaced.
IHIfK f (If Mill
Deputy Sheriff Chas. Chllllngwortb
has received the following letter from
the president of tho Raseball league
Association In Kalaupapa:
Kalaupapa, Mol., Aug 21. 1902.
Chns. V. Chlltlngworth Esq.. President
Honolulu Ilascball League
Dear Sir.- The Molokal Hasebal!
League, which w 111 meet tomorrow. Au
gust 22d. for tho purpose of arrang
ing a series of games for the coming
winter seasuu. begs me tn ask of the
Honolulu League Association If they
can renter any assistance In the shape
of donating such baseball material as
the Honolulu League may have no use
for. especially hooks on rules, Imma
terial of what year. Knowing you to
bu n gentleman" who has always rfiojvn
the greatest Interest In baseball and
other sports, wo therefore feel assured
that our pravcr will not be In vain.
I Wo sincerely believe that we havo
linnteiial hen- that can out-play nuy
team that Is now playing In the League
demonstrate this fact. Respectfully
youis, DEM1TRI II PEIRCE,
President Molokal lias. 'hall League As
sociation.
Mr Chllllngworth states that he In
tends tn send tiio leai-iio n cnml hnc
nm of baseball traps if he has to pur
i (-iatio (hem himself.
QUEEN'SJECEPTION .
Queen I.lllnokalani will give a pub
lie reception Tuesdav September 3d
from 3 to 5 p. til., to which her friend
arc cordially Invited.
' .
Natives In the Punjab have taken to
ping-pong.
the Advertiser this morning "If von
want the farts." he said, "jou Just statn
thn opposite of what the Advertiser
says and you will have the correct
story. People, however, ought to know
by this time how much that paper can
bo believed."
The Adveitlser states that tho Cey
lon was in a bad condition when sin)
slatted on tho trip. This Is utterly
false. The Ceylon underwent oxtenslvo
icpaiis liefoie she left and vai, accord
ing to Captain Wilier s own statement,
a much better vessel than she was thu
venr bofoie Th Insurance on tho
vessel was given up the trip before thn
last. This was done upon tho rocom
mcndatlon of Captain Wilier, who said
that the vessel was good enough to
stand many 11 voyage. He looked upon
tho Insurance as lack of confidence in
him on the part of the firm nnd us thn
Insurance on account of tho vessclM
ago was very high, namely 20 per cent
wo stopped Insuring her. The Ceylon
was owned by the firm In the name of
J. I'. Humbtirg. who Is an American
citizen. The los of the firm amount)
to $7000. The caign was Insured for
$2000 on an open policy
Captain Wilier when seen this mom
lug, was vor tun. ri Imonsed at the ie.
pott of the inornins pupi r uhlih ac
itcdlledMrs Willet with the statement
that the enptan kueu Unit the vessel
was unseawoithy betore she started op
tho voyugt
I ".My wife never - ild such a thing,
s-cid the captain Th" vessol was in
good condition .-ho did not draw one
1 iues
LANAI OPERATORS TIE
UP IilTER-ISLAND SYSTEM
DEMAND REINSTATEMENTOFONE
OF THEIR COMPATRIOTS.
DEPUTY SHERIFFS WITH
MANAGER CROSS.
The wlicless tclcgranh system has
been tied up since Friday by the most
thoroughly modernised strike the Ter
ritory has been Healed to for some
time. From all that can bo learned.
Operators Andrews, Wagner and Ha
gerinan havo organised on operators'
union, of which they are members and
officers. Andrews and Wagner are the
regular operators at tho Lanal station.
Hagorman was released some weeks
ago tor leaving his station. His com
patriots now demand his reinstate
ment and until this Is done refuse to
allow messages to liiss over the tine.
According to the reports sent to Man
ager Cross, these men refuse to work
their station or allow any one else to
work it. A message camo from one of
the men that he was afraid to go to
work for fear of being attacked.
As all messages over the system
have to pass through tho Lanal ta
tlon. the "operators' union" for the
time being Is monarch of all It sur
veys, The situation, however, has
ceased to ho funrty In Manager Cross'
estimation. After getting the messagu
that the strikers refused to allow oth
ers to work their station, he went to
High Sheriff llrown, who promised tho
assistance of offlceis of thu law tf re
quired. Manager Cross, with the necessary
additional operators, will leave In the
steamer tomorrow for Mhalna.
whence ho will go to Lanal In com
pany with two Maul deputy sheriffs.
lie expects the lino to be open for bus
iness lu comparatively short time aft
er his arrival on the scene of action,
as nono of thu other operators on tho
lino have shown any desire to cooper
ate with the strikers.
A giaud Juror said this morning that
ll was not tho Circuit Judges but lb"
Attorney (leneral's department which
caused needless expense. In proof hn
stated that the grand Jury would havo
long since completed Its work for thn
present term If It had been propcrI
assisted by tho Attorney General. .Mr
Doutliitt was specially commissioned
as Deputy Attorney General to wait on
tho grand Jury, but he Is 111 and the
grand Jurois are standing around Idle
because nobdy has been detailed to taky
his place.
THANKS THEDEPARTMENT
Chief Thin ston received the follow
ing letter this morning'.
Aug. 23, 1902.
Chas. II. Thurston, Chief Honolulu
Flro Department
Dear Sin Enclosed please find our
choc); for Fifty Dollars ($50) which no
desire should be used for the benefit
of tho boys who so bravely fought thu
fire ofl Saturday the 23d Inst. We ap
preciate the iSood work of the Depart
ment because we wero close enough to
bo Interested, and we have only praise
for tho way the men conducted them
selves. Yours very truly,
HENRY WATERHOUSB & CO
The Bulletin, 75 cents per rronth.
Wells, Fargo & Go, Express
TEL. MAIN 1M.
Masonic Temple, with Amerloon
Messenger Bervte.
CHILDREN'S
SCHOOL
SHOES
School opens soon and wo want to
sell every boy and girl In Honolulu a
pair of strong, comfortable school
shoes. We've got tho shoes to do it.
GRAND 11 Hi, II)
A school shoe must be strong, to h'and hard wear, and It must lit per
Icily, so as not to lujure the growing feet. Thcso qunlltles aro combin
ed with low prices at our store
Boys' Velours Calf School Shoe
Lace, In nil sizes from 11 to 5
SIZES II lo 2, S2.75 SIZES 2 1-2 lo 5, S3.D0
Boys' and Girls' Security Schonl Shoes
Not Iron shoes but wear like Iron. Jjjo CZf
Full line of children's sizes . p J OU
MANUFACTURERS' SHOE CO.. LTD,,
'(lf7 l-OKT STHIil'T
mm
IN Hli A(.I
,.ii .I
Pay of Bailiff's Properly
Charged Against
Expenses.
i 1 1
SUPREME COURT AFFIRMS
RULING OF THE AUDITOR
THE LEGISLATURE AND EVEN
THE CIRCUIT JUDGES VIRTU
ALLY CONSTRUED ACT.
JURISDICTION.
"No appropriation was made by Art
10 of tho laws of 1901 for payment of
the compensation of the bailiffs whos
apiiolntment was thereby provided for
nor was the Treasurer by that Act au
thorized to pay such compensation."
The foregoing Is the sjllabus of the
Supreme Court's decision on the appeal
of Judge Humphreys from the ruling
of Auditor Austin with regard to court
expenses. Justice Perry and Messrs.
W. O. Smith and J. T. De Dolt of the
bar constituted the court, whose opin
ion affrmlng the ruling of the Auditor
Is written by Justice Perry.
Readers of the bulletin are familiar
with the extended reports of the argu
ment given In a previous Issue. Quot
ing the crucial section of the Act. that
fixing tho pay of bailiffs, anil the title
upon which Judge Humphreys laid
stress, the opinion proceeds with ob
servations of which tho following aro
extracts:
"It Is to be observed that the section
does not expressly, by apt or tisuaf
words, appropriate money for the pay
ment of the compensation specified or
authorize the Treasuier to make such
payment. Such appropriation or au
thority. If It is made or granted at all
by the section, Is to be found only by
Inference from the fact that the section
provides the rates of compensation and
makes It the duty of tbc Auditor to
draw warrants for the same upon the
order of the Judge making the appoint
ment. The argument advanced Is that
the Legislature could not have Intend
ed to direct the Issuance of warrants
without also Intending that such war
rants should bo honored at the Treas
ury, that the provision that the bailiffs
shall be paid for their services at and
after the following rates' Is In Itself an
appropriation, and that the last clause
of the title of the Act shows that It
was the Intention of the Legislature to
make an appropriation In tne Act It
self. "The Inference Just referred to. as
suming It to be a possible one. Is not
a necessary one. It would be com
petent for the Legislature to provide in '
this Act the rutes at which certain offi
cers were to be paid and alro the pro
cedure necessary to be followed In or
der to make It the duty of the Auditor
to Issue warrants, and to leave tne
making of an appropriation for such
payments to another Act "
The provision of the Audit Act re
quiring the Auditor to secure vouch
ers for all pavments Is quoted, also
the regulation made thereunder di
recting heads of departments to fur
nish Iftts of permanent employes
monthly. It Is held the bailiffs ap
pointed under the Act were to be em
ployes of the Judiciary department, so
that thcie would have been reason for
argument that Circuit Court bailiff
would not be entitled to receive war
rants for their salaries without first
obtaining the approval of the Chief
Justice as head of the department.
"Act 10," the opinion goes on to say,
"while authorizing the Chief Justice o't
(Continued on Pago 4.)
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