Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1881-07-16

IT is with sincere and unmixed regret that
We record the decision arrived at, as to the
appointment Of Chief Justice of this King
dom, viz: that it be deferred until His
Majesty the King may be communicated with
For many reasons we regret this decision On
technical grounds it is to be regretted; suitors
cannot have a full bench to appeal to- There
must be some recognizable element of mncer-
tainty in all legal decisions for some time to
come, and that after the vacancy is filed, the
full Court may consist of an Associate Justice
who has already pronounced an opinion, AN
advocate who has pleaded in the case at issue,
and third Judge who has at least heard or
become cognizant of the arguments on both
sides of the case. That this may be the case
and is almost unavoidable, is evident from the
extremely limited numbers from whom a
Chief Justice can be taken, as we said last
week. But perhaps the technical aspect of
the question had be better left to the members
of the Bench and Bar to discuss. We only
speak as layman not versed in the ntricacies
of the law.
The Constitution distinctly provides that
" the Supreme Court shall consist of Chief
Justice, and not less than two Associate
Justices Cart. 65), but the Civil Code, Sec
ton Sl7, DEGREES that " the Chief Justice of
the Supreme Court is the Chancellor of the
kingdom;" moreover, the Chancellor, as such,
is entrusted with various functions which. in
his capacity of Chief Justice, are not within
his power to execute. Section si5 of the Civil
Code provides that, in case of "abseuce or
sickness of the Chief Justice or of a cacaney
in that office, all the duties there of both at
Chambers and in Banco shall be performed
during sucli absence, sickness or vacancy, by
the First Associate Justice or such other
Justice as tho King may appoint for the time"
Section SAT also DEGREES that not only is the
Chief Justice the Chancellor of the Kingdom,
but that "the First Associate Justice shall
act as Vice Chancellor, and have full and
concurrent jurisdiction in all matters at Cham
bers with said Chancellor" Thus then the
delay in filling this vacancy places on the
shoulders of one official the various duties of
First Associate, Chancellor and Vice-Chan
celor, which two latter officers are to have
.fi'H and concurrent jurisdiction. If we mis-
take not, this temporary arrangement will
give rise to no small amount of argument and
ink shed.
This delay seems doubly dangerous when
we remember that another important law
officer is absent and his Office in commission.
Temporary arrangements are generally to be
deprecated. Can prisoner for all offence for
which bail is not allowable, !. e, if charged
with an offence punishable with death, i'm,
prisonment for life, or for torn of years ex-
ceeding ten, DO rghteously detained until
communication be held with the King? Or
can suits appealed 10 the full Court be post
poned for any indefinite period ?
BY the Constitution "the King appoints the
Justices Of the Supreme Court, and all other
Judges of Courts of Record" The Regent
" shall administer the Government in the name
of the King, and exercise all the Powers
which are constitntionally vested in the
King" therefore there can be no doubt as 10
the constitutional power of II. II. IL. the
present Regent to appoint to this important
post. or The Kings responsible advisers, one
is with him in Europe, three are here SO here
again We see no adequate reason for DELAY.
The King is travelling, aud travelling rapidly,
and even in these days telegram may have
to be repeated from city to city ia Europe or
America, and it must be at least a week from
here before the message can be started on its
telegraphie travels, and the reply may be
three or even four times as long between it's
arrival IN San Francisco and its receipt here
why then incur this dangerous delay and
subject the Kingdom TO the probable confusion
that may arise therefrom Lastly. though the
King cppoinis, it is not provided that he also
nomiaoiss, but generally acls on the recon-
mendalion and responsibility Of his Cabinet
Council. We are not sure that the present
proceeding may NOT be held to establish .
dangerous precedent.