The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-07-01

After q session OF fifteen days, the Legislature has
adjourned till the first Monday of December, at II
o'clock, when it meets again, without further official
notice we suppose. The session was just long enough
for the members of the lower house to get fairly ac-
quainted with each other, without becoming SO &C
customed to the sound of their own voices as to be
anxious to occupy an unusual length of the houses
time in frivolous debate. Compared with former as
semblages, the present body of Representatives is
fully equal to any heretofore convened. But we re-
greet to see the Constitution still openly violated in
the election of judges to seats in the house. Our
views on this subject have before been fully expressed.
We grant that the three judges in the house, Messrs.
Robertson, Richardson aud Hitchcock, are as able
members as any, but ability is no excuse for a viola
ton of constitutional principles. 1t is with shame
that We witness the Office Of Judge of the Supreme
Court of the nation degraded to the level of the polit-
ical disputes that agitate the lower house and the ma
ton. The office of supreme judge should be held
sacred and raised above these pretty wranglings, and
until the day arrives, which the Constitution most
clearly %enjoins, of keeping the judicial branch of the
government entirely distinct from the legislative, our
courts will not possess half the influence and respect
they might otherwise have. No one will give that
full respect which it demands to a legal decision of
Judge Robertson, while he descends from the eleva-
ton of his sacred office, to dabble in the forensic de-
bates of such a popular assemblage as the lower
house.
The same remarks apply, though with less force,
to judges of the circuit and district courts. To enter
the house they must leave their official duties, for
which the public have engaged them, and which in
accepting, they have engaged to perform. The prin-
ciple is the same in both cases, and may be still fur
Their applied to all government employees. Public
opinion will eventually make itself heard on this
point, even if individuals should continue to forget
the respect due to their official station, and violate
constitutional rights.
The principal work of this short session of the Leg
islature was to provide for the current expenses of
the government, and to choose a Joint committee to
consider the New Code, and report on the same at the
next session. In the choice of these committees both
houses have made a great blnnder, in electing two of
the original codifers,-Princ Lot being chosen in
the upper house and Judge Robertson in the lower.
This will virtually give to the old committees an undue
influence, although they have but two votes out of the
ten. The effect will be that but few important changes
will be made in the first draft of the Code, and the
whole subject must come up for rer ewed debate and
amendments at the regular session of the Legislature.
The choice of two of tine first commissioners in effect
nuiliies the object Tor which the committee was
chosen. The proper course would have been to have
chosen Judge Robertson rs secretary Of the commit
tee. His valuable advice would have thus be en- Sc
cured, without the controlling influence of a vote.