Evening bulletin. [volume], March 11, 1902, Page 3, Image 3

About Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912

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If- i H 11
EVENINO BULLETIN, HONOLULU, H. T.. TUESDAY. MARCH 11. 1902.
s
T
Maem
mv v r y
po
"
PULAR
STOJFE.
Wo want to call
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Interesting exhi
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'i
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strictly up-to-date.
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ACH
C9
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We have just received a shipment of these typewriters and
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Theo. It Davies & Co., Ltd.
JUDGE LITTLE FINDS
SHERIFF ANDREWS
GUILTY OF CONTEMPT
temDt of court' M.nws oi tsas, wmen was passen ami led as the work of men writing when
rmirt nf thn Fourth Clr- approved and went Into effect pi lor to organized society exists and with ref-
,,i.f Hawaii At' ABt 12, 1898, and even prior to crence to existing conditions. Cooley's
nwirinn "awn"' July 7, 1898, tho date of the passago Constitutional Limitation C, Ed, 73;
Following Is the full text of the dc- Immunity from punishment under this i enacted and they are sanctioned and
clslon of Judge Gilbert K. Little, citation by virtue of tho provisions of confirmed by tho organic and statutory
!... -,i. r i .,,!. n.!Cn otio-lff AnJrfwi section 29 of Act 39 of the Session law. Constitutions nre tn lin Inlernro-
milltv of ebntemnt of court: Lows of 1898, which was passed and ted as the work of men writing when
In the Circuit
cult. Territory
unamuers. uecision. . . . : :,,, Annmtntinn.
In the Matter of the Citation of L. A. , " , ,,,,
Andrews, Sheriff of Hawaii, to .ho Attorney General and High
show cause. If any ho have, why crlff and tho defendant Sheriff of
ho should not be held In contempt iinwaii, wu inner nu ., umn-i
law, me immcniain hxucuuvu uiucur
nf llilu (-nurt and sublect to Its orders.
Boem to be deluded by the Irresistible! from Its enactments, such a
impulse to assume not oniy judicial
now era but as well to attempt to domi
nate the hearts, minds, consciences
of Court for disobeying nn older
of this Court.
Finding of Fact.
Tho record In this proceeding dis
closes tho following state of facts;
That at the January term of this coutt, nm, nttong of tho Judges and courts
10 wii. January viu, iuuj. m n -"i"'u o. this Territory, as was the practice
cause thoreln tried wherein the Terrl. , thc8C j,lanjg n former years, this
tory of Hawaii was plaintiff and 7m- cannot now bo accomplished. It would
mozuM Kozuki, a Japanese, was a ., ,..n , f,,r ihnm in rtnmlur
fendant. the defendant was defendant, that our AmcrCan system of Govern
tho defendant was duly convicted byim(,nt s a(Ustrlbiitlve one from tho
a Jury, and sentenced to pay a flno of Jrountlatlon upwards and tho powers of
S2S0 nnd tho costs of prosecution, i i, . ,iiiii,t.i n ,iifr.rnnt
amounting to $22.20. "Into the hands nn(l n(lcrcI1dent governmental depart
of the clerk of this court, and that ho mentSi Tno llireo great departments
sianu conimiueu mini u.ic mm m.i. . nre independent In tho truo sense of
are paid. thc term and not simply co-ordinate.
That subsequently at said January' , mlr sygtem tho im,gcs nro nctuaIiy
term of said court, towlt: on January nvestP( wlh ,lt) elements of sover-
in. iuz. in a certain cr minai cause ,ty glvcn to thcm by tll0 constltn
tried In tills court, wherein the Terrl- ,i,. ,i i, nf n, iinlip.i Kint.
tory of Hawaii was plaintiff nnd Chan nnu ihe principle that ono department
lUV. U V.U1UUIIIUI1, HUB mu Ul-ll-liuuiii. nn nvnrp.A .nvnnt irn filnf-tlnna nt.
tried on a charge of embezzlement nm! trlltclI to another Is given effect In
duly convicted by a verdict of a Jury an(, distinctive forms.
nnu uy tnis wouri scnienccu to pay u
fine of $500 and costs of prosecution
Van Wnltcrs vs. Board of Children's
Guardians, 132 Ind. 567, 32 N. H. K. 60.
And In construing statutes relative
to courts It Is presumed that the Legis
lature docs not Intend nn absurdity or
tnnt absurd consequences shall flow
result
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P. O. Box MI
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.nwn Mommi ttrt
Bulletin 75c. per month.
amounting to $23.30 "Into thc hands of
the cleric of this court nnd that lie
many
Section 81 of the Organic Act pro
vides among other things as follows:
'That the Judicial power of tho Terrl
stand committed until the fine nnd i?ry " " "?. ?Blc" m.?. nu"rcrao
costs aro paid"; wjun. wrcuu ..uiiris, etc.
And subsemientlv. to wit: nn tho Section 0 ot tho Orgnnlc Act pro-
29th day of January. 1902. It having. ldes that laws of Hawaii not lncon-1
been made to nppear to the satisfac
tion of the Judge of this court nt cham
bers by the clerk thereof that tho
Sheriff ot Hawaii had received the
fines In the nbove entitled cases and
had neglected and refused to comply
with the sentence and order ot this
Court In this, to wit: by refusing to
pay the said fines nnd costs for said
defendant to tho clerk of this court,
ns ordered, whereupon the Court Is
sued the following order
In thc Circuit Court of the Fourth Clr
cult. Territory of Hawaii.
At Chambers, Janary 29, 1902. A. D.
It Is hereby ordered by this Court
that tho fines, costs and forfeitures,
ot all persons, conlctcd of crime In
therefore will be avoided it the terms
of the act admit of It by a reasonable
construction or tho stntutc. Oats vs.
National Hank, 100 U. 8. 239, State vs.
Clark, N. J. Lnw. AG: Henry vs. Snllt-
son. 17 Vr. 479; Ollkey vs. Cooke, CO
WIS. 133.
lho "public accountant" referred to
In section 29 as applied to this court
Is the clerk thereof and no one else,
and tho Sheriff In receiving the money
due the clerk acts only In pursuance of
the order of court which vesls In him
authority for that case and none other.
ntui no recehes the money only as a
representative of the court, nnd not of
the Attorney General's Department or
ot nny other department of thc Govern
ment. And It must be presumed that
the Legislature never Intended Its en
actment to work public Inconvcntenco
or private hardship to the public or to
litigants, and If a stntutc Is doubtful or
ambiguous or fairly open to more than
one construction, that construction
should be ndoptcd which will aoli
such results, lltchards vs. Sackctt, 4
Mass. 431; Somerset vs. Dayton, 12
Mass, 383; Smith vs. People, 47 N. Y.
330; U. S. vs. Fisher. 2d Cranch 358,
The fact thnt tho Jurisdiction of a
court Is defined by statute does
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slstent with the Constitution nnd laws court is tiennetl by statute does not
of the United States or tho provisions "exclude tno rules of tho common law
of th s Act. etc.. filial! cont nue n '"""" "ra appears uy ex-
force.
Article 3, section 2, Constitution of
thc United States, provides ns fol
lows: "The Judicial power" shall ex
tend to all rases In law and equity,
etc., nnd the Judges are bound by Its
provisions.
At the tlmo of the enactment of sec
tion29 of the Session Laws of 1898, tho
Attorney General was a Cabinet Min
ister and exercised a different func
tion than that given to the Attorney
General under tho Organic Act nnd un
der American laws. Under the Or
ganic Act and under tho Inherltant and
this court shall bo paid to the clerk ol i implied powers of courts tho Attorney
this court, who shall give n receipt Ocneral Is only the head of n subordl
therefor; which receipt shall balance nate bureau of iho Government nnd
tho Sheriff's books In lieu of the fines. ' enn In no sense exercise authority over
costs and forfeitures aforesaid; nnd or domlnato the proceedings of a court
tnnt no persons shall bo relieved from or record or refuse to obey or evade or
custody of the Sheriff until the money Ignore Judicial orders of n court of rec
has been properly paid Into the hands . ord properly made,
of tho clerk of this court. Section 29 In no seme Invests the
It Is further ordered that the Sheriff Sheriff of Hawaii or the High Sheriff
of Hawaii shall report to tbo clerk of or the Attorney General, or Auditor
this court in writing tho manner of or tho Territory with the right to col
the execution of tho sentence of nny lect the fines nnd forfeitures assessed
person sentenced by this court nnd tho by ti..s court or by any other court of
clerk shall enter satisfaction of the record In this Territory. He is not a
judgment therein accordingly. "public accountant" for tho court. Ho
mi.i. , ,-.. . .. a .'! !. wn..l.. -mi .
hub uruer uppueH to an mies, costs ' wctuinu uuicur anu receives
nnd forfeitures of ball at or during and
from and after tho January term, A.-1)
1902, of this court,
that money only in pursuance of nn or
der of tho court, nnd has no volition
In tho matter whatovcr savo and c-
Done ut chambers this 29th day of . cont to recelvo It nnd turn It over to
January. A. D. 1902. i-e clerk of this couit, who Is tho
And on the Sheriff's continued nntli "Public accountant" for tho purpose of
persistent refusal to obey tho order the Act for this court nnd the only
of the Court a citation was Issued out proper custodian or all monies rccelv
or said court on the Cth day of Febru- cd from any source belonging to this
ary, 1902, for tho said Sheriff to appear. court, whether receUed in pursuance
In dun form ns rpnntrpcl In Inu- hr-rnrnlof Its order nr Rntitenrn.
in duo form as required by law beforo
tho Judge of this court and to show
causa If nny ho havo why he should
not bo held In contempt ot this Court
for refusing to obey Its order, etc.
Subsequently on February 25th, 1902,
tno defendant Sheriff, appeared In
court In person ami admitted that ho
was the Sheriff of Hawaii at, before.
Section 1183 of our Civil Laws, af
page 472, provides among other things
"tho several clerks or the Judiciary
Department shall have the custody of
all records, books, papers, money and
oiuer things pertaining to tho court."
Where the In Invests tho court with
Jurisdiction over a class of cases or
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prcsB words or necessary Implication.
Tho Legislature, may. of course, de-
lino tho Jurisdiction of a court It has
the power to create, by designating tho
class or cases or the subjects over
wlilcli its authority shall extend, but
In doing this the whole field of Jmls
diction Is not covered; for certain
principles and orennic unwritten law
enter Into thc statute as silent factors.
ihcse factors, forceful as they are,
cannot always control the general sub
jects nnd classes, but they do control
ns to Incidents of such suujects and
cinsses. thus a court has authority
without any express statute to make
Judicial orders ami to frame the rem
edy so as to give appropriate relief
FundnmcQtnl principles cannot be lo-
lated with respect to ,.io authority of
courts, although such principles are
not given direct nnd explicit expres
sion In tho Constitution or Territorial
laws; and we must not forget thaW
broad as the legislative power Is under
a general grant of authority It cannot
violate principles thnt form part of
tno foundation and solidity of the iudl.
clol structure, that of enforcing respect
nnu execution or Its mleB, orders and
mandates. It It were not for these
principles the words of Constitutions
would be dend and powerless. It Is
thereloro true thnt all principles that
underglrd and uphold courts nre not In
express words, but havo their life nnd
nblding place In the spirit of the Con
stitution so that In determining t'o
authority of courts we nm.t often
behind the words of the Constitution
nnd statutes to the principles which
they sanction nnd conflim,
Tho effect of such n construction put
upon section 29, by tho Attorney Gen
eral and tho High Sheriff, would bo to
transfer tho powers and duties of a
public ofricer from one Individual to
another without nuthorlty of law and
to Invest tho Legislature with Judicial
powers a power which the Legisla
ture cannot assume, nnd to transfer
tho execution of Judicial oiders to tho
exocutlvo branch of the government,
and to have tho records of nut- rmi.
a Chinese, defendant, and Zumozultl .In nil things, nnd the collontlon of tho ,,n n hopeless confusion nnd to deprhe
during, and since the January term of any case the authority over n man i,,
this Court, 1902, and as such Sheriff .longing to niat class Ib at onco effect
ho had received the fines of Clian Kee, ' Ivcly acquired and must bo exercised
ixosukl. a Jananeso. defendant, nbovo fines and costB nro as much a nnrt nf
referred to that ho had tho money In the court'B duty as Is the trial. Thero
form as required law before tho Judgo . Is no election on the part of the court,
or this Court and to show cause It any The law conferring Jurisdiction to cv
ho have why he should not be held In crclso authority over matters having
contempt ot this court for refusing to. once been established Is Imperative
ami must do oboyed and Judicial offi
cers whoso duty It Is to decldo ques
tions of public law cannot rightfully e.
obey its order, etc,
Subsequently on February 25th, 1902,
the defendant Sheriff, anncared In
court In person and admitted thnt ho. capo that duty. And tho Attorney Oon-
na ,t,n Q1,nlff nt t.n..rnll n, linlnm lfffll Urhn la .nit, n k.ml nf .. ..! II
..o t.tu mivim u. JJimuii ui, ui'iui vt j - --. .a ui,, u iicui. Ul 11 HllUUrill
during, and since the January term of .nate bureau of the executive depart
this court, 1902, and as such Sheriff ment, cair in no sense Interfere with
he had received tho fines of Chan Kee, or dominate the action of any court of
a Chinese, defendant, and Zumozukl , record In tnls Territory. Tho High
Kosukl, a Japanese, defendant, nbovo : Sheriff Is simply an cxecutlvo officer
referred to, that ho had tho monoy In
his possession nt the time tho ordur
to pay It Into tho hands of tho clerk
was Issued and that ho deliberately re
mitted It to tho Treasurer of the Ten
of tho courts of record of the Territory
u.iii nn no volition whatever In mat
ters or this kind except to obey the
orders ot tho court properly made-and
osk no questions. Tho Sheriff of Ha-
rltory of Hawaii after a copy of tho or- wall Is tho Immediate oxccutlvo officer
uui ui uuuuury ium naii uvvn Hurveq i mm t-uuri una ia amenaine to tno
upon him as Sheriff giving as his rea
con for sending It to tho Treasurer aft
er having received tho following or
der, "because I had direct Instruction)
In writing from High Sheriff to do bo,
with which order he sent mo a copy of
Instructions to him from tho Attorney
General."
Tho Sheriff further testified as ap
pears of record "That tho order was
Issued tho 29th at January; that he re
eclved tho money In question for fines
court for any dereliction of duty or
rcitmal to oboy a Judicial order or to
execute a sentence propel ly made by
this court. The actlou of tho Sheriff
Is restricted to tbo language of the
sentence or other order of tho court
Issuing It; and ho has no authority
beyond and Is governed by the order
In each particular enso. Tho Shorlrf
la Blmply nn officer especially author
ized to enforce tho process of tho
court of which ho Is an officer nnd
and costs In the two cases herein when such process la delivered to him
above referred to on January 10th and I (t Is his duty to oxecuto Its commnnds
iiu respectively. Tho citation was promptly and vigorously nnd mako duo
issued i-euruary utn in duo rorm as
required by law; and according to.thu
Sheriff's own statement nnd over his
slgnnturo as Indicated by defendant's
exhibits A and I), ho remitted the mon
ey tho following day, notwithstanding
tho fart that ho had been returned
Into court by the bailiff. Officer K. do
Silva of this court, and was then
return of his proceedings to tho clerk
thereof. The Sheriff being nn officer
ot court, tho court has control of him
ns Btich. King or Spain vb, Oliver, 2
Washington U. S. C C 429.
It la not necessary that the statuto
should specifically In detail designate
tho authority or power of tho Court.
Tho creation of a court brings Into ox-
and there given Instructions by tho Istence tho powers nnd duties cssen
Court not to remit tho money In his tlnl to tho discharge of Judicial author
hands until the question should bo.lty without any specification of biich
finally decided by this Court. powers and duties. Ex parto Terry,
Tho defendant Shcilff further Justl--..., U. S. 289; Anderson vs. Dunn, 6
fled his violation of tho order of the .Wheat. 20$; U. S. vs. Hudson, 7
Court by offering In evidence defend
ant's exhibit C, being a letter dated
February 11th, 1902, and directed to
A. M. nrnwn, High Sheriff of tho Ter
ritory of Hawaii, by tho Attorney Gen
oral of tho Territory.
Conclusions of Law,
crnnch, 32; In ro Nnegcl, K5 U. S. 1.
What constitutes Judicial power and
what attributes aro extended to Judl-
the court of the control over Us own
records, while Its Judgments remain
unsausitc'l, That such a cnneliinlnn
Is not only untenable but manifestly
luii-i-u mm unnatural must uo admit
ted: first, Blnco tho Sheriff Is nn offi
cer ot this court and tho Court rnn
trols Its officers nnd records; second
lor tno renson that tho rule Is that uv-
cry court controls Its own processes
anil tho execution thereof. Tho wis
dom of this rule Ib obvious since If It
wero otnerwiso confusion and coulllcl
(as In this case) would necessarily ro
suit. The Indlanco & Co. vs. Williams
22 lnd. 198; Teft vs. Sternberg. 10th
Fed. 2; Grey vs. Garneey 32. 180: Mai
lory vs. Dauber. 83 N. Y. 239.
In vlow of tho law anil the premise
this court must conclude thnt tlm
Legislature never Intended Its lan
guage usad In section 29 of Act 29 to
doprlve tho clerk or this court of the
proper functions of his office: but that
It did Intend, and should bu construed,
to mean that ho or the tacilff for him
Bliould collect all Hinds under Judg
ments, sentences, or orders as well as
fines nnd forfeitures when directed sa
to do by tho Court nnd turn them over
nt onco to tho clerk, and that the
clerk ot tills t-oint, nnd not the Shop
Iff, Is tho "public accountant" for the
court, ns contemplated by tho -statute
That tho Act was Intended to ills,
turb, disquiet mid obstruct Justice and
Judicial government and proceedings
such as tho conduct of the defendant
would produco ir peimlttcd with Impu
nity. Tim; whllo tho High Sheriff may ap
point n Sheriff for this court, the Slier
Iff, when so appointed, must obey thc
Court's orders to tho exclusion of ev
ery other nuthorlty whllo bo acting.
Thnt neither tho High Sheriff or the
Attorney General, nor tho Auditor Gen
eral, havo any control over the Sheriff
of Hawaii while acting for the court
i r for tho clerk of this court.
Thnt section 79 of tho Organic Act
gives no power to the High Sheriff to
Intorfero with or otnerwiso obstruct
tin- pioccedlng of court In tho transac
tion ol public business or to defeat the
cnuri-o of any proceeding or Incident
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WELL WORDED WANTS IN
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WORK WONDERS
rial departments nro matters of which ! thereto Into othor or different channels
knowledge Is tnken without nny statu- thnu thnt directed by the Court,
tory speculations, 'inoy nro known1 Thnt tho dofondant having shown no
becnuso they existed boforo written Justification for his dlsobedlcnco of tho
Tho defendant in this caso claims constitutions wore adopted or statutes ordcis of this Court, and the Court bo-
Ing fully advised, duds the defendant,
Lorilu A. Andrews, Sheriff of Hawaii,
nuttiy of centempt In failing and refus
Inh' to comply with the order of this
Com t. made and entered January 29th. '
'.902. (
?en;enco deferred until Thursday .
uoruir.g. OILUEHT V. LITTLE,
Judge.
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