The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-03-27
Arbitration.

Butler is credited with saying that " the torch OF
discord is nothing more than o lawyers brief, with
the plaintiffs cause on one end, and the DEFENDANTS
upon the other.' In quoting these words, no sar-
casm is intended upon the legal profession for two
reasons, either of which is sufficient First, because
it is one of the learned professions; and next, be-
cause we could not improve upon the irony Of its
own confession as shown in practice. The existence
of q bar is an incentive to litigationi as lawyers
multiply in numbers, courts are increased, and diff
ferences between individuals are augmented in pro-
portion. As remarked by an Eastern Journal, q
sense of right-often a mistaken one-the determi-
nation to makes ones words good by fulfilling q
threat; q feeling that failure to prosecute a demand,
or resist a claim by legal machinery, seems to imply
a want of faith in the justice of the position assumed.
Human obstinacy, vindictiveness, and uncharitable
temper, find their best and most frequent opponents
in our courts of law. 1t is likewise true, that lti-
giants hold generally the head and tail of the dis
puted cow, while the lawyers milk her for them
selves. 1t is, therefore, with much pleasure that we
see a disposition evinced, and becoming popular
among business men and intelligent people generally,
to appeal to arbitration instead of courts of law.
Boards of Arbitration have been called into existence
in several Eastern cities with the most satisfactory
results. Twelve members of unimpeachable stand
ing are selected by a Chamber Of Commerce, or q
Board of Trade, to compose the Board Of Arbitrs-
ton, and any three Of the twelve are clothed with
power to arbitrate and make award in any case of
commercial difference which shall be voluntarily re-
ferred to them by the parties interested; and when
ever such parties shall agree to bind themselves. by
bond or otherwise, TO submit the matter in dispute
between them to the decision of the said board Of
arbitrators, such submission shall be understood TO
be made to any three members Of the said board,
who may, either by the special order of the said
board, or by virtue of any general rules adopted By
them, or under any bylaw of the Chamber of COM
merce, touching the consideration Of any cases SO
submitted, be appointed to hear, arbitrate and de-
eide upon the case or cases 30 submitted to them,
and such decision shall be binding upon the said
board and the parties making the submission. Those
who feel that their cause is founded on INJUSTICE, will
be more prone to place faith in the juggling and elo-
quence Of lawyers, the technicalities and t~wistings of
the law itself, and the prejudice, ignorance, or veu-
atty of juries; while gentlemen who have faith ip
the justice of their cause, and both parties to a suit
are frequently so convinced, will have no hesitation
TO trust it to the care and final disposition of men
in whose judgment and integrity they have full con-
fdence. Cases involving questions Of international
law. or difficult and knotty points, must necessarily
be left TO the legal profession; but those which are
predicated upon a sense of honor, and q desire to
do that which is right, win be far better, more quick
ly, and more satisfactorily disposed Of BY a Board
of Arbitration,