The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1874-10-10

IN pleading causes before an appellate Court com
uosed Of only two Justices Ny brethren at the
Bar and many in the community. have expressed
20 me the same view. The difficulty with the large
supreme Courts Of England and the United States
when one or two or three justices are away Tor q
time i not so great as with Us who have but three
members Of that tribunal. But we, in this small
Kingdom. value our cases as highly as If IN a large
country. There are several causes OF the emoar-
rassment. An appeal from one Justice 10 himself
aud another Is not changed unless he changes II l
know cases are disposed of here faster than Is often
the case elsewhere. But 1t Is the appellate JuTls-
dicion Of a full Court that is wanted. Cases also.
which involve rights OF personal liberty or Of
property. often reanire speedy decision by 9 full
Bench OF impartial Judgesl / may respectfully
allude to the large family Connections IN ibis city
of one Of the honoTed Associate justices, IN conse-
quence of which be often must ind himself dis
qualified from hearing causes. The almost unpar-
alleled experience Of the other Hon. Associate
Justice in public affairs and IN private tife,-as
legal adviser Of Lot Ks~mehameha, Chief Crown
Adviser Of His, Majesty Kamehameha Vas a
leading and untiring advocate at this Bar, engaged
in causes affecting most of the large estates in the
Kingdom. many Of which are still unsettled ,-these
things must embarrass him in hearing many causes
that may arise. If l am told that nc such cases
are vet before the Court, l reply that they are not
likely 10 be presented. | have myself been con-
suited in some such matters. but Of course
declined to present them now.
I suppose all feel the difficulty. but are not sure
of the remedy. May l not suggest that the laws
permit the appointment Of another member OF the
Bench for the purpose OF keeping il full ? Perhaps
nv circumstances render ii possible for me to say
this more readily than any of the rest Of the Bar
would wish to say it, for they are the ones to be
thought Of for such a place.
| have spoken in sincerity with regard to the
best interests of the Bench and the country, and /
hope what 1 have said will thus be received.
At the conclusion of Judge Hartwells remarks,
the Chief Justice observed that he would be
happy to hear from any other gentleman, where
upon Mr.. s. B.. Dole said
MAJ IT PLEASE YOUR HoNoRs 1t is with much
hesitancy that l speak before you, upon q matter re-
lating to the composition OF the Bench. l think L
feel in good measure, the Importance Of the dignity
of the Court, and Of the unquestioned supremacy of
law. These are considerations in which the members
Of the Bar are deeply interested; and l agree with
Mr.. Justice Harris, that it is for the advantage of the
Court and of the Bar that suggestions affecting the
status of the Bench, should be offered in open Court
rather than IN other places. l support the sentiments
expressed by my brother Hartwell on this subject.
This question of the proposed absence of the GhIef
Justice, is one that does not relate to the ability of
the Bench nor of any member thereof: 1t concerns
the privilege Of appeals, which the Constitution and
the laws in their creation of our tribunals of Justice,
have carefully preserved as a civil right to all men
who may there appear as parties. To this end the
Supreme Court is made to consist of three Judges, in
order that a majority ruling may always he obtained
upon questions at issue before them. 1t is plain,
even to an unprofessional mind, that this principle
will be seriously prejudiced, when the Court consists
of but two Judges. In such q case an appeal from
one Judge to the other amounts to nothing by way Of
affecting or reversing the previous decision, unless in
addition to a favorable ruling from the latter, the
former is induced to reverse his own first opinion.
All will perceive the hardship and difficulty of such
conditions. The principle of appeals is not carried
out in its full meaning. 1t is ike appealing from the
ruling of a Judge to himself again in the hope of
making him change his mind. For these reasons
simply, we should regret the reduction of the Supreme
Court to two members for an indefinite or heightened
period. The absent Judge, from our experience be-
fore the Court, should his absence become protracted,
will be seriously missed. So far as have ascertained
from conversation with various members of the COM
munity, the prevailing sentiment agrees with what l
have expressed. AS q representative OF the interests
of clients and in a certain sense as q representative
of public and general interests before this Court, as
well as for my own sake as a member of the Bar,
have / addressed Your Honors upon this subject. l
trust that what 1 have said, is received in full conf
dence of my earnest desire to cooperate with the
Court in every way fer the maintenance of its dig
nifty and usefulness.
The Chief Justice then arose, and spoke in
effect as follows 7
I have listened with pleasure to the remarks that
have been made, for it is much better when anything
is to be said to come right out, and to use an inele-
CANT expression, have a fiat-footed talk, and
that we have had.
But no one proposes to be absent for a heightened
and indefinite time-at least I do not. 1 go upon a
mission deemed by His Majesty and His government
of great Importance to the public interest. But
recognize to its fullest extent that my first duty lies
in this Court, and when l shall leave, every case will
have been heard and determined-as indeed has been
the case at sll times when 1 have been absent before.
ii great ululCuty IL, lnal yOus SeutIemeus HHO
have spoken, are dealing with possibilities, but We
are dealing with realities. Others beside myself
have been abroad whilst occupying seats on this
Bench. The gentleman who spoke first did so, and
l stayed at home and did not observe the difficulties
and Inconvenience, either to practitioners or the
public which you indicate. At each time when l
have been absent, have been engaged on q public
business far more laborious and harassing than my
duties here--except once when [ was called abroad
by the severe illness of a member CT my family. 1
am now going on o public duty Of like nature as that
which has taken me abroad before, IN the perform
ance Of which 1 anticipate the greatest labor and
anxiety. If it is not thought desirable that l shall
60, l shall willingly remain at home. But the law
contemplates an occasional absence of the Chief JUS
tice, and provides for the discharge of the duties of
his Office.
Washington is not so far away as formerly. In
t~eligence can be obtained from the islands within
ten days by steam and telegraph; twenty days will
bring one from there to here, and if any occasion
should arise which should seem TO make my presence
here so very necessary to any one,-as you indicate
the possibility of certainly should return imme-
diately. No one shall suffer in any of their interests
or rights, if 1 can possibly prevent it. again say,
gentlemen, that your anticipations raise difficulties,
fanciful not real, which the experience of the twenty
years during which l have occupied this place does
not justify, either on the occasions of my own former
absences or that of those who have occupied the
Bench with me. Justice has always beeA promptly
rendered in this Court. And l say that there is no
community in the world where there has been so
little delay in giving judgment and final judgment
on the cases presented before the Court.
The Judges earnestness and accent added much
force to his remarks.
The speeches given above, which are nearly
word for word as delivered from the Bench, and
by the gentlemen of the Bar who spoke, will
have been read with interest, and may justly be
said to comprise about all that can be adduced