The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-04-10

AT THE OPENING Of the April term of the
Supreme Court on Monday last, while the pre-
siding Justice was examining the calendar, as is
usual on the first day Of term, he stated that a
good many Of the cases must 60 over until July
or indefinitely; and the reasons for this delay,
apparent to all. were found arst, in the fac: that
there was but one Justice of the Supreme Court
on the Island, and secondly that he was legally
incapacitated from sitting in some of those cases.
Several cases involving rights to property-about
all the cases q in banco,' requiring a full Court
are thus laid over. This condition of affairs in
the highest Court of justice and last resort OF the
people, gave rise to some outspokeL and eminently
Just remarks by counsel, to the effect that as The
Court was now and had been constituted With
one, or even two Justices only on the Bench, the
eonstitutiOnaIIy guaranteed rights of the people
were not secured.
Mr.. Hartwell made the suggestion to the Court
and to opposite counsel that cases in banco be
submitted on written or printed briefs, a practice
not mfrequent elsewhere, whereby the Court
would be enabled to act upon such cases as soon
as the Justices should be able to consider them,
whether in vacation or otherwise. To this pro-
posal Mr.. Stanley, the Attorney General, in his
capacity as counsel for private parties litigant.
replied that he could not agree, and also that he
would consent to no hearing Of the cases referred
to by Mr.. HartwelI until the Bench should be
filed by three Judges, as the Constitution re-
quired.
This brought out a spirited response. Mr..
Hartwell stated that If this was the position
taken by the Attorney General, whether in his
Official capacity or as a member Of the Bar, then
he protested that his clients were not allowed
even the rights guaranteed them by the COnsti-
tuition and laws Of the Kingdom. If, continued
the counsel, we are told that the Bench is not
that which the law requires, and the executive
will not at all times provide such a tribunal, and
If the executive law officer of the Government
takes upon himself as private counsel TO say that
cases in which he is the appellant shall not be
heard while the Bench is in this ondition-wher
are our rights? The counsel referred to the
peeuliar hardships in some Of the cases now
passed over, and closed by saying that he had
heard members Of the Bar told by this Court that
thew were not to be heard in Directing to the
Constitutionality of the Bench composed of only
Justices, and that If this stand Ras to be
taken now by the Government, then he solemnly
entered his protest.
Mr.. Justice Judd remarked that this was the
proper place for counsel to speak their sentiments
on matters pertaining to the Court, and he was
glad that they had done so freely. No one more
than himself-the junior member of the Bench
would be pleased to see the now absent members
the Court in their places; but the causes Of
that absence were well known to the members of
the Bar.
PERHAPS the best comment we can make upon
the present condition of the Supreme Court, is to
here a portion of an editorial IN our
Issue of the 9th of September last;
"None the less true for being trite, is the obser-
ration that the Supreme COnrti is the palladium OF
he people's rights and liberties \ Legislature may
- unwise or yenal; an Executive may be inefficient
NJ arbitrary; IL only the deTHieT resort, the Bench Of
highest tribunal Of the country Is what il should
able, upright and pure-men will feel con-
dent and safe. And 10 reasonably inspire and
maintain this confidence, the Bench must be all that
se have mentioned; il must be full, as well as able.
alright and pure. The Constitution declares that
Supreme Court shall consist Of a Chief Justice I
md not less than two Associate Justices. How
inen, during the past ten years and more, has this
Of the fundamental law been practically '
znored, go that to-day it has become We may say a I
landing rule, that We are never at one time to have 4
full Bench in the country Oh what benefit is II =
hat We nominally have three Judges Of the Supreme
curt, when only two are ever to be found at their q
OstsP And If common report is true, the number is p
hortIy to be reduced to one, the Chief Justice going S