The Hawaiian gazette., 1881-07-13

that The Chief Justice Of the Supreme
Court shall be the Chancellor of the Hing
DOM etc, 1--WE quote merely the words
which have bearing on the question:
The Constitution makes no provision for
a case Ike tie present. II presumes, at
least 50 It appears 10 Us, that the Chief
Justice never dies, or IN other words that
on his death. his successor at once steps
into his shoes The Civil Code, however,
does make such a provision for con
tingency. sch as the present Section
Ss5 reads - follows: = In case OF absence
or sickness of the Chief Justice. or Of
vacancy In that Office, all duties thereof,
both st Chambers and IN Banco. shall be
performed during such absence, sickness
or vacancy. by the first Associate Justice,
or such Justice as the King may appoint
for the time The whole matter lies IN
the quotations we have made: 1t IS for the
Government we would say, 1t IS for every
man. 10 consider whether under the Con
stitution. we have at the present time
Supreme Court. whether the decisions now
about 10 be msde are really valid An
argument NAV be advanced that. occasion
ally, during the absence Of either the
Chancellor or one of the Associate Justices
the country has been in Just such a posi-
ton. but such an argument VIII not hold
water. whether present IN the Islands or
not the gentleman. who holds seat upon
the bench. makes the Supreme Court con
form TO the ConstitutiOn-but when, as
IN the present case. the incumbent of the
Chief Justieeship dies, then the tie is
indefinitely severed and the Supreme
Court ceases to be a Court according to
the Constitution. We are a very small
nation and the whole Of our strength lies
IN our rigidIy adhering TO our Constitution
we cannot afford to play fast and loose
with matters Of eXpediency. One OF the
great sources Of strength to this country
has been the administration of Its law, and
the moment we begin to put that ad-
rninistratiOn on doubtful footing We deal
a blow to the Independence OF the
country.
The provision which the Civil Code
makes. moreover nsrrOWs down the func-
tons of the Chief Justice to merely the
duties OF the Office. . In Chambers and IN
Banco." 1t takes no eognizance of the
equally important functions eOnstitu-
tionaIlv attached 20 the office. VIZ. those OF
Chancellor Now certainly, II the present
iuncture Of affairs It Is highly important
that the Executive should have at It's back
4 gentleman of legal ability, whose posi-
ton Is not dependent on party or on pr
vate caprice. 70 assist IN carrying on the
government OF the nation; for this posi-
ton the Civil Code makes no provision. It
does not say anything about the Associate
Justice performing the duties OF the Chan
ceIlOr. and under that section S35 he could
not do so. But. setting aside this point, let
Us look once more at the article IN the
Constitution; It appears that even If, IN &c
cordance with the section OF the Civil
Ccd-. the first Associate Justice performs
the functions Of the Chief Justice, it would
be necessary 10 raise some gentleman
from the present bar to the bench IN order
to make a constitutional Supreme Court
We're the exDedient resOrted to, and 1t
certainly might be, It would necessItate an
al istsria appoint to the bench and q pos
sible subsequent retirement when the final
appoint for Chief Justice was made We
contend however, and We have every
assurance from some OF our fore
most men that what We are con
tending for represents the predominant
feeling that there Is no necessity
for resOrting to any eIpedieEts; that
the appointment to the Chief Justiceship
ought to be made at once, that the
men qualified. and eminently qualified
for filing the post ara here among
Us and that II would give confidence
10 every true lover Of Hawaii nei to see
the appointment made. The man who Is
TO be Chief Justice and Chancellor Of this
Kingdom ought to have his interests bound
up IN It; he ought to be property holder,
he should Be IN independent ciTcumstan-
ces: his knowledge Of the politics Of this
country should be thorough, and nOt only
his knowledge Of the politics. but his
knowledge Of the native character should
be thorough; be ought TO be thoroughly
acquainted with their pEeiudces, their
likes and their dislikes- II Is not Our
province as an independent journal 10 ad-
vocate the claims Of any particular gentle
man-we could easily put forward the
names Of four, If not more, VINO are Ger
tainIy welI-ftted for the office Our only
object IN writing upon the subIect Is 70
deprecats delay. Delay. says an old
proverb. Is dangerous: the policy Of delay
Is one that ever presents itself II the most
attractive colors; it Is ike following Ma
cazber's sheet anchor, Of waiting for
something to turn up. There are times
when It IS impossible to do anything else
than delay, but We do not think that there
Is any reason for delay at this iuncture-
We would say, choose from the men low
among you who are admirably fitted for
the place, who have the true interests Of
the nation at hear, who value the hide
pendence IF the country, who understand
cur political standpoint thoroughly, and
above all. choose at once.
-=
HoTES.