The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-02-01

troubled with legal busiue-s. On the occasions
when TIE whole Court SIT together. he contributes
the fact Of hs presence. Sometimes there is from
HIM 4 correction or the clearer understanding OF
an Interpretation from the Hawaiian; sometimes
4 question or a remark, such - a juror might
make nothing, we checrfulIy admit, that does
not show the man Of business and good practical
common sense. but the Bench Of the highest Court
of Law, demands all this and something more.
u these useful qualities are sufficient for this
Judge, why are they not deemed sufficient for all
the judges? And then why not go farther. and
drop the idea Of a Court at ALT is rather ex-
pensiye-and substitute in it's place a Board of
Arbitrat,rs, taken as We draw jurors, from among
the good citizens of the country? Or perhaps
reduofi0 ad a5surdaHa-it is claimed that this
member Of the Court is to furnish the sense, and
the others, not having that, are to furnish the
law
We have closely observed the course Of things
in our Supreme Court, in order TO note how far
our estimate, expressed in the beginning. should
be found correct. We have examined the deci-
sions OF the Court as published from time TO
time, and we venture 70 assert that there is not
TO be found one fairly wrought out, argued out,
1870 'NPIN~ - ~H@A ~ % 1870
legal authority by this Justice. Yet the deci-
sions Of the Court have been numerous and i'm
portant. They are building up for us a system
Of Jurisprudence rs weighty and as valuable as
our statutes. But the opinion of the Court in
every case which calls for what may be termed
an elaborate opinion, is given by one of the
other Justices, this one simply concurring.
In regard to peculiar hawaiian subjects, if
any ancient customs or traditions are to have any
bearing ON a case, they are to be brought to the
knowledge and aid of the Court by testimony,
and not by the personal knowledge of any one
member of the Court. One very interesting and
important subject of this class has been in dis
cussion since the incumbepcy of the present
Second Associate, the question of the right of
an adopted child TO inherit as an heir at law OF
its adopting parents. Very learned and able ar
guments were made Mt the Bar In two parallel
cases, one known as the estate of Nakuapa, and
the other as the estate of Hannah Vaughan.
Unfortunately the Court was divided in opinion,
the Chief Justice in two elaborate written
opinions holding that an adoption gives a child
the same status as TO inheritance, with an own
child while the First Associate, in two strongly
put opinions, held the opposite. The Second As
sociate gives no reasoning, 1--WE beg his pardon if
III this respect we mistake him) but concurs with
the one Justice in the one case and with the
other in the next. We apprehcnd that the late
Judge Ii could have done as much. Neither our
space nor our abilities will permit us to become
legal reviewers, but we simply speak of what is
patent TO the whole public as to the amount of
judicial assistance rendered the Court by the
Second Associate during these years. y few
brief decisions of matters of fact, do not consti-
tute an exception to the barren record.
In case of a division of opinion by the legal
members of tie Bench, the final decision is to be
given by this non-legal man. This was the great
fault of the old system which we formally aban-
doncd. However valuable to any Judge Cor in
deed to any officer of this Government) is an
acquaintance with Hawaiian, that of itself can
not suffice.
All this is nothing different from what was
foreseen and foretold when the appointment was
made, and there is no probability that future
years will see any change in the qualifications of
this Judge. He must to his Associates, and to
the Bar as to the public, appear sadly out of
I place and however much personal courtesy may
smooth intercourse, he must have a consciousness
of being in an uncongenial sphere. Self-respeet
should induce him to consider that he has taken
upon himself that which he cannot carry well.
To a man of his honorable character and large
property, the matter of salary should not and we
believe will not be an inducement to retain the
position until n louder and more disagreeable in
timation may come, to the effect that the country
can not permit the continuance of such expert
ments, that may be likened to an attempt 90 to
stop a round hole with a square plug" We are
not all fitted for every position. Doubtless a re-
tirement, p~refaced with n suitable notice of in
tention, would not embarrass the Government.
Perhaps we might not find here at our service
the most eminent judicial talent to fill the posi-
ton when vacated, but we think We have those
in our midst of fair legal standing, who would
be devoted to the Office, and who would gro1o in
it some one to whom law was interesting as a
study and a science.
We here leave the subject for the present, hav-
ing presented it as briefly as its importance
would permit.
ROYAL Honors.