The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1880-10-02

Court of Record shall ever be a member OF the Legis-
lative Assembly > ~unsettles all. They are NOT oniy
superduous they not only weaken, they destroy the
sense of what precedes them. They have a sus-
pi,ious look as though Struggled in for that purpose.
They mix up powers with the persons welding them,
opening the door to judicial officers of the lowest
class men appointed by the Governor on the recon-
mendation of the Supreme Court, holding Office for
two years only, dependent therefore for a renewal OF
their appointment on the favor of the judges by
whom they were first recommended
Should Judges of the Supreme Court, either OPEN
iy with good or secretly with evil intent, choose to
embark in politics, they would possess far greater
power through the action of District Judges in the
Legislature than from seats of their own with Dis
trict Judges excluded, by their influence on q
Numerous impressionable clientele always on the
lookout for the advancement of its own interest, but
not invariably foreseeing the consequences following
its action on some important matters.
As it was considered necessary by the trainers of
the Constitution to forbid the entry of the higher
classes of Judges into the polluted arena of politics
for fear of a soil on what should be pure and spotless
their honor-to the danger of those depending on
their judgment why should not the prohibition have
extended to, and have embraced District Justices /?
Are they more enlightened than their superior ofic-
ers! Those through whose influence they are appoint
ed g.? Are they more conscientious? Are they not
equally, fnot more. open to corrupt Influences. Why,
if it were necessary to introduce Judges into the SEN
tence amongst the powers they were to WELD or to be
debarred from exercising. why not have provided
that 9 no Judge shall ever be a member of the Legis-
lative Assembly or fill an executive office" That
reading would be in perfect accord with the first
part of the sentence. 1t would be unambiguous, and
if faithfully observed, would guard against undue in
huence either in Legislative or Executive matter, in
stead OF leaving the door open to possible intrigue
and corruption.
Who shall say that the troubles so long affecting
the country are not wholly due to this most unneces-
sary partial destruction of the first part Of the
Article, the liberation of one class from the dis
qualification pronounced in the same sentence on all.
1t would be useless just now to enquire by what
agency the unfortunate addition found place, not
withstanding the watchful care of the late King 1.s-
mehameha v. 1t is like the fly in amber, curious,
but a decided blemish.
I'VE know the thing is neither rich nor rare.
But wonder how the ID it got there"
There are two, perhaps other gentlemen still living
in Honolulu who could enlighten us. Will they 2
Can it be got rid of? 1t is to be feared not. 1t has
the sanction of age. 1t has formed q part of the
Constitution since its PRONUNCIATION in 1864. Its
elimination would be an impossibility unless by joint
action for the purpose, both of the Judiciary and
Executive, and even in that case to effect it would
be difficult, owing to the large number of District
Justices who manage to get elected to the Legis-
lature as representatives. They would not be likely
to assist in unseating themselves. 1t is said, and
the statement is easy of verifcation or the contrary
that twelve to fifteen of these gentlemen were mem
bers of the late Legislature. making the laws they
were to administer. Under such circumstances
what sort of Legislation is to be expected?
P.S. Lex presents compliments to the Saturday
Press, and makes it q present of typographical, and
all other small errors. At the same time be can
neither com pliment nor congratulate it on the effect
caused by its broadside. The smoke having cleared
away, reveals the fact that no damage has been done
The noise was terrific, but the shot. if any there
were, were badly aimed few wide of the mark or
fell crushed and broken against the true steel armour
they were unable to penetrate. L..