The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-06-01
THE PACIFIC
Commercial 3Nbettlser.
SATURDA Y, JUNE l.
The Courts of the Country.

We have received the Biennial Report Of the
Chief Justice Of the Supreme Court to the Iegis-
lature Of 1872. 1t is a pamphlet Of some thirty
two pages, which are almost entirely devoted TO
statistics of the Department, with bat few sug-
gestions of needed legislation. The facts TO be
CLEANED from the tables OF the business trans
acted IN the Courts, are, however, interesting to
the student Of our history in this particular
We find that of criminal cases tried in the
Supreme Court during the biennial period just
past, there have been twenty seven, an increase
Of three over the previous period, and fourteen
convictions. In the same period there have been
seventy-one civil causes tried, being an increase of
twenty-six over the previous period. Divorce
cases have decreased in the number Of eighty
screen. Probate causes are the anne in number
as during the last period, namely, one hundred
and ~ffty-six. In all the Courts Of the Kingdom,
the total number of cases heard, exceeds by 69j
those reported for the previous two years. OF
crimes, there is not a very alarming increase ex-
cept in the two leading sins of adultery and for
~nication, and drunkenness. For the first Of these
the record Of convictions stands as folio VS.
lS66-G7, 399; lSGS-69, 59l 1901, 667 =
a steady and large increase. Drunkenness is also
NNAA " u AliSANAAciH51 hCh6 III NOAfA~
tions recorded give but a faint idea of the truth.
For this ofense there were in lS6G-67, S67 per-
sons convicted IS6S-69, 7O4; IS70-7I, S74.
Thus, while our population has decreased 1919
in the past two years, there has been 40 more
Of those remaining who got drunk in public.
The amount received during the period for fines,
penalties and costs of Court, from all the Courts
in the Kingdom is 81. 1877. 80, and the expense
of the same Exclusive of salariesJ has been
S3,2I7.I5.
The most notable circumstance to be drawn
from this report, is the great decrease IN the
number of divorces during the past two years.
We quote the observations of the Chief Justice
Since the law Of the last Session of the Legislature
relating to divorce was passed, there have been four
applications for divorce presented to the Court, and
only one decree in bsnco has been made. This in
cludes o period of about seventeen months. For the
first seven months prior to the passage OF this law,
there were SO cases, and in the biennial period prior
thereto, there were 154 cases in which DEGREES were
entered dissolving the matrimonial relation.
These cases were formerly heard before n Justice
of the Supreme Court at Chambers. By the present
law exclusive jurisdiction is conferred upon the Cir
cult Courts of the Judicial Circuit in which the
parties have last lived together as husband and wife;
but if they last lived together as husband and wife
in Oahu, the Supreme Court shall exercise jurislIc-
ton. These cases can be heard only in the regular
sessions OF the Courts. Ii, aIter q I0lI nearing the
Court shall be of opinion that a divorce ought to be
granted, n conditional decree shall be entered, and at
the first term after the expiration of six months
limited in the order, the Court may hear the parties
further if there is cause for doing so, and can then
make the decree absolute, unless it is continued for
further adyisement and notice.
Hence it will be seen that it is more difficult and
expensive to obtain "A hearing in the Courts, as we'll
as requiring q much longer time than under the
former system.
By this mode of procedure there is far greater pro-
lection against collision and sudden causes of dissat-
i~sfaction. 1t gives time for parties to deliberate
carefully on this important subject.
You will be able to judge from your knowledge of
the influence of this law upon the morals of the
people whether any notifications of it are necessary.
We have no ~hesitancy in expressing the opinion
that the divorce law passed at the session of
1870 was calculated to be, and has been, ex-
tremely mischieYous in its effects. In this
Lopinion, based on a knowledge of the habits and
characteristics of the people, we are confirmed
by the experience of those who by their circum-
stances and the means of information at their
command are best qualified to judge. The law
of 1870 referred to, was a very unwise meddling
with the then existing state of things, which
could never have occurred during the lifetime of
some now passed away, whose knowledge Of this
people was something more than mere hearSay.
llC hCAb O1BNAihlOAN Aoo AOooANCA AZ NPIN
renAy decreasing the amount OF domestic in(eli-
city among the population, but if all the truth
were known, at what an expense of sin and
crime. Do the wise OrIginators and supporters
Of the law imagine that, because they have al
most abolished divorces in this country they have
thereby decreased immortality? The proof Is
plain to every one that the very reverse is the
case, and that they ha.p simply given a new i'm
pulse to the practice of adultery, making it, so
to speak, a matter of necessity. This is no theo-
rizing; it is simple matter of fact, patent enough
TO those who know the social habits and condi-
ton of the Hawaiian people.
In countries much farther advanced than this
in all that constitutes civilization and enlighten-
ment, there is a vast diversity OF opinion on the
subject of divorce. The Catholic divine will tell
US that though the married one sins against his
partner in both body and spirit, yet there can be
no divorce; the Protestant awards 1T for unchas-
tity and desertion. The laws of various States
of the American Union are diverse on the point,
but all recognize the worse than folly (more in
sane here) of claiming together for life in n rot
ten, widowed bondage, those who cannot : love,
honor and cherish :" each other. Were it other
wise, the sacred marriage tie would become a
hollow m~ockery, as under our present Ubiquitous
divorce law it is fast becoming in these islands.
Thus the poor Hawaians, already fast fading
away under the influence of natural causes, are
harried to the end by wretched theorizing expe-
riments in law-making.
The wisest as well as the safest policy will be,
for the Legislature to repeal altogether the pres
ent misehievous law, and trust to the sound dis
cretion of the Judges of the Supreme Court the
/ management of divorce cases.
LeproSyin the Hawaiian Islands.
There is no legally constituted Board of Health