The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1874-10-14
The supreme Court.

The Supreme Court
At the opening OF the October term Of th,
Court on Monday of last week, His Honor First
! Associate Justice Harris took occasion to refel
to the intended visit of the Chief Justice iC
Washington on diplomatic service. and expressed
the opinion that his absence would not uecessa
rily affect the business OF the Court, which was
of the highest Importance to the community. 1t
was true that the Chief Justice was going away
on special service for which he was deemed well
qualified; but it was mistake to suppose that
Justice Judd was to be long absent, for he is ex-
pected back this month, or next ut the farlhest.
" The three judges" said Justice Harris, are
not appointed with view of having all present
at all times, but with view Of securing uuiuter-
ruptedness in the dispensatiOn of justice Of pre-
serving the traditions IS it may be said of the
Court, so that it may not change so rapidly and
decisiyely; of providing against the contingent
cies Of illness or other necessary absence aud to
secure the coming to some conclusion by the
Court in case OF divided opinion. :
VI Ct4ise pOSslute cases OF pos
sible Inconvenience may be imagined, but if the
business OF the Court is not done efficiently with
reasonable promptitude, then, and, submit, not
till then, there will be reasonable ground of com.
plant; and 1t should be made here But if it is
so done, is it not very unjust towards Judges and
unWise towards the public, to allow the impress
sion TO be diffused among those who are not ire
quently in the Courts, that faithful public officers
are slack in their duty, or unreasouably self in
dulgentg do not think that there is n commu-
nifty in the civilized world, where justice is SO
promptly ad minlsiered as it Is here of the eff
cheney Of the justice, you are as good and per-
haps better judges then l am
Ga the following day, A. S. Hartwell, Esq, re-
piled in few words to the above address Of the
First Associate, in which be referred to the deli
cate position occupied by Judges, who could not
respond TO reflections uttered against them He
maintained strongly that the bench should be
preserved full, SO that the public requirements of
the courts may notsbe impeded. From the re-
port Of his remarks in the p c. A., we copy the
e. hardly need say that every cousdeation-of
pleasure OF duty OF interest aud almost OF necessity
weighs upon me 10 say nothing which can be cum
Srued 10 reflect diSrespectiully dsauyautsgeousy
TO tue Honorable Members OF this BCuch. No one
can fail 10 know that there special public inter
ests which have cslled Ills Honor, the Chancellor
10 another post-of duty abroad No one ought To
have anything 10 say the manner 10 which Judges
use vacation leisure whether in rest recreation, or
private business.
But what do respectfully urge is. that have /
hv my
member &C the Bar, that there is feQuen difficulty in
pleading causes before an appellate Court COMPOSED I
d only 10 Justices. My brethren at the Bar, aud .
many IN the community. have EXPRESSED To me she I
same view. Tue difficulty with the large Supreme .
Courts OF England and the United States when one
lr two three justices are away for lime is not
% great as with US who have but three members Of
nat tHbuaaL But We, IN this small Kingdom VAL I
ie our cases highly ~ il in large country There
ire several causes Of the embarrassment An appeal
rom oHe Justice TO himself aud another is not
hanged unless be changes il. IEnow cases are dis
osed OF here faster than IS often the case elsewhere
But t Is the appellate jurisdiction Of a iull Court
bat Is wanted. Cases also, which involve rights Of
'ersouai liberty OF OF property, oiteu require speedy
ccisi0n by iull Bench OF impartial Judges. ] may
allude TO the large iamy connections ia
bis city of one Of the honored Associate Justices
q consequence OF which he often must dud himself
disqualified from hearing causes. Tue almost IN
arailrled experience OF the other Hon associate
ustice IN public affairs and IN private e-as legal
dviser OF Lot haHehameha, Chief Crown Adviser
Z His Majesty kamchameha vas leading and
ntring advocate al this Bar, engaged in causes az
setting must Of the large estates 10 the Kingdom,
lany OF which are still unsettled,-thesc things
lGst embarrass hin ia hearing many causes that
ray arise II am told that no such cases are yet
eiore The Court, reply that they arr not likely 10
e presented have myself been consulted h. some
1ch matters, bat Of course declined to present them
own
S. B. Dole, Esq, followed Mr.. HartEell in
~ remarks supporting him, and arguing that the
bse1ce Of the Chief Justice concerned the right
appeal. which the consultation and the laws
ave carefully preserved as civil right to all men
DO may appear before the courts, asking for
stice
The Chief Justice. after inviting any other !
embers Of the bar who might wish 10 speak, to l
D so, said !
al hare listened With pleasure to the remarks that
i've been made. for Il ismGch better when anything
10 Be said 20 come right ont and 10 use an iuee-
int expression. have hai-footrdn talk and that
{ have bad But 10 one proposes To be absent Tor
lsAgthsRcf and indefEite tmr-at least DO not {
20 upon mission deemed By His Majesty and His
Ivernmcut 81 great importance 10 the public In .
rest Bur recognize 10 its fullest extent that ny
~ duiy lies IN this Court and when shall leave,
cry case viii have been heard and deiermined-as &
deed has been the az all iimca when have | q
IN absent before The great difficulty is that
u gcntlemen, Who have spoken, arr dealing with
s=ihiliiies, but We are dealing With realities p
hers beside myself have been abroad Whilst occn- Il
ing seats this Bench. The gentleman who .
oke hrst did 80, and I stayed At home and did not
serve The dfeHlties and ineouveuienees eithrrto
the public which yoh indicate AZ r
CD time when have beru absent, have been en- q
red on public business far more iaborious and
Kissing thar ny dulles here-exeept once when /