The Hawaiian gazette., 1881-11-23

On Monday last, at 10 o'clock a. M, a special
term of the Supreme Court for banco cases was
opened by order of the Chief Justice. The Mar
shall read His Maiesty's commission of Hon. A.
F. Judd as Chief Justice and Chancellor, of Hon.
L. McCully as First Associate Justice and Vice
Chancellor and of Hon. B. H. Austin as Second
Associate Justice. The Attorney General, Mr..
Armstrong, after the reading of the commissions,
then addressed the Court in behalf of the mem
bers of the Bar as follows:
"After listening to the readings of the commits
sions issued, by command of His Majesty, to the
learned gentlemen who now occupy the Bench,
feel assured that my legal brethren will heartily
| join with me in the opinion thnt the Judicial de-
partment OF the Government Is now III most
satisfactory condition. The members of the Bar,
III any country, are especially alive to the neces-
sity OF strong, compact aud impartial Judiciary.
1t has been the experience of this nation to have
the judicial machinery, from the earliest days, IN
the hands of competent men. My own recoilec-
ton back 10 the time when the judicial sys-
standardization, and striking its bounds in tho
larger civilization of the English speaking people.
1t was, indeed, most difficult task TO place side
by side and properly adjust the interest the right,
the cl5ins of two different races. governed By
such different customs and laws. But these men
succeeded IN creating most harmonious relation.
May II please the Court, you the Successors Of
these men, and IT las dcyUved ON you to carry out
with strength and justice tina. system of iudica-
ture which they inaugurated, and which several
of you have already assisted in continuing. / re-
peat, that the nation and the Bar may congratu-
late themselves that you gentlemen, now forming
the Supreme Court of this Kingdom are abundanrly
able TO accomplish the task and can, in every
event, preserve its honor, its integrity and its
independence"
Mr.. Chief Justice Judd then said:
BRErHREN: 1t is gratifying to the Court to re-
ceive tins kind expression of the feeling Of the Bur
through you, MIR. Acknowledgement.
Reorganized the Court now is, 1 think we
bring 10 the fulhlment of the grave responsible
ties with which we entrusted degree of fanil-
iarity with the needs of the country and its
toms and a desire to discharge duty with fdel-
lty and conscientiousnesS. The future will show
whether our decisions shall exhibit the wisdom req
uisite to enable them 10 stand the test of critl-
cisIn. The business of this Court has greatly in
creased with the growth of our commerce and the
promotion of our enterprises. The important
cases heard at the last two terms of the Court are
equal III number to those presented during an en-
tire biennial period fifteen years ago, aud with the
development of the outer districts the work of the
Circuits has become very laborious. New and puz-
Zling questions are constantly coming to the sur
face for adjudication. While we may not expect
to develop, as III larger communities any great
specialists in the law, the great variety of cases
which our micrOcosn presents, demands the
part of the Bar and the Court familiarity with
every branch of law. Not only is an acquaintance
necessary with MARITIME law. Equity, the law of
Marriage and Divorce, but with Criminal proceed
ure, Contracts and keal Estate and foresee that
knowledge of corporation law and other branches,
as we advance, IS likely to be put into requistion.
To these duties we address ourselves with
zeal, and III their prosecution expect and believe
we shall have the sympathy and assistance of the
Bar. No higher duty ever devolves upon the law
yer than to assist the Court with the results of his
Investigations, and to present the law of his case
exhaustiyely and concsely.
Harmony among the members of the Bar and
pleasant relations with the Bench have ever been
the tradition of this Court and this we will en-
deayor to preserve.
The complex nature of our community gives us
the advantage of having here rs lawyers, gentle
men from all parts of the American Union and
from Great Britain. 1t was never stronger than at
present.
am reminded of its varying character by the
fact that of those now address, not one was
practitioner when | admitted to practice in
tins Court junior in 1864 We thank you.
brethren, for the kind hopes you have expressed,
We shall endeavor TO discharge our duties with
acceptance to yourselves, the community and our
own consciences.
The following cases in bauco ware arpund on