The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1880-06-26

An IMPORTANT bill is now on the table Of the
Assembly awaiting its action, entitled - An Act
to amend Chapter Is, of the Civil Code, and to
reorganize the Supreme Court The following
are the main features of the bill Instead of three
justices of the Supreme Court as at present pro-
vided by law, it Is proposed to have FIVE, inclnd-
ing the Chief Justice. Three of the Associates
are to reside, one on each of the Islands of Maui,
Hawaii, and Kauai 1.-THE present system of Circuit
Judges and Courts being abolished), and the
anne jurisdiction, powers and duties conferred
by the statutes on the justices of the Supreme
Court on the Island of Oahu are by this bill to
be conferred on the associate justices on the other
islands, in all causes civil, criminal, maritime or
in probate. The Chief Justice and First Asso-
cate Justice are to have the same. powers and
jurisdiction as are now conferred by avon the
Supreme Court on the Island of Oahu, and hold
the terms of court as now prescribed by law.
The Associate Justices residing on the different
islands are to be required to hold two terms of
court each year, for the trial of cases civil and
criminal within the jurisdiction of the Supreme
Court, aud they are required at least twice a
year to make a circuit OF their respective islands
for the purpose of hearing probate matters.
All ~ JuotItS 1S ANHNhNN W " h"NS u
wear at Honolulu, to hold a high court OF
errors and appeals, three to constitute a quo
rum. The salary of the Chief Justsce to re-
main as now fixed by law, that of the AssO-
ciate Justice for Maui, $4,000 per annum, Ha-
waii, $1,000. and Kauai, $4,000. 1t is further
provided that a Deputy Attorney General shall
be appointed for each island, with a salary Of
$1,000 per annum.
1t has been quite evident to those who have
had business TO transact in our courts, that
there was ample room for Improvement in the
constitution of the Judiciary Of the country. 1t
is said . there Is a divinity that doth hedge a
king and so with the wearers of the meta
phorical judicial ermine. who, whenever criticised
are generally spoken of with bated breath. But
we have had learned, able and upright men on
the bench of our Supreme Court, for we can
point with some degree Of pride at the printed
decisions Of Lee, Allen, Robertson and Davis in
the past. Yet our judicial system throughout
was never what it ought to have been, a perfect
harmonious whole, but a thing Of 81 shreds and
patches, :" pieced on to from time to time with
judicial dieta, precedeuts and usages and now,
in our vastly altered material and social condi-
inaugurated, the necessity for reform and reor-
ganization becomes fully apparent.
1t is not to be doubted but that strong opposi-
ton win be made to this bill first, by those who
CRY is always : let well enough alone,' and still
more strongly by the members of the judiciary
themselves, who may very properly conclude that
the creation of additional justices will tend to
distribute the authority and influence of the Su-
preme Court, instead Of the concentration of
these attributes which now exists.
A carefully constituted and weIl-chosen judi
ciary Is not only the palladium of the peoples