The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-07-16

HE vacant Chief-JuStlceSnlp Is NATURALLY
an object of aspiration to those whose legal
learning and standing in the community
qualify them as candidates. Amongst
these gentlemen and amongst their friends
and partizans, a good deal of difference OF
opinion no doubt exists as TO the desirability
OF an appointment being Immediately
made, or Of its postponement until after
His Majesty's return. In a newspaper
article recently published, written APP
p~arently by a warm partizan of some
candidate or perhaps by the candidate
himself, it is sought to be shown that an
immediate appointment is not only desi-
rable but an absolute necessity. We do
not agree with these conclusions. For
reasons which We shall presently state, We
think that it is decidedly undesirable that
the Office of Chief Justice should be hurriedly
filled up, or hat any step should be taken
in that direction until the King returns, or
has made his pleasure known. We find
nothing in the Constitution or in the Civil
Code making an immediate choice impera-
tive. On the contrary We find express
provision made Civil Code, Sec. s45) for
an emergency like the present. 1t has been
urged that the section referred to makes no
DTONiSlOu LOT the performance VI IL ulIcS
Of Chancellor which appertain to the office
of Chief Justice, but Section 647 gives to
the Vice-Chancellor an equal jurisdiction,
and no difficulty can arise on that score
during a vacancy. The only difficulty that
can arise and has not been provided for, is
in the case of a disagreement between the
two judges on matters in appeal heard
before the full Court. Such cases are not
1 nr.paarono and aynarianaQ in tho aSf NAV
be relied on as showing thai the chance of
difficulty from such disagreement is so
slight that one of our Judges was absent
from his post for the greater part of a
year.
We conceive that a hurried appointment
would be most undesirable, because it will
narrow the field of choice. We require that
our Chief Justice hould be a man indie
pendent OF any especial class interest--quite
unconnected through his private affairs
with any section of our community; and
we need for this post an eminent jurist.
1t would be entirely to our interest to pay
$4,000 a year to the Chief Justice, if we
can so secure the services of a highly quail
fled and fairly eminent man, who does not
ascend the Bench to seek reputation there.
1t may be said that an intimate knowledge
of the native population is necessary to
the Chief Justice of this Kingdom. AS
well might il be said, seeing how great are
their numbers, how actively they are en-
gagged in trade and agriculture, and how
numerous are the suits they bring before
our Courts, that especial knowledge of the
Chinese is desirable. The natives, so far
as indications have appeared, are quite
willing to trust his matter to the Lady oc-
cupying the Throne, or that it should be
let rest until His Majesty the King is heard
from. An Ex-Judge of our Supreme
Court, held in the highest estimation, both
as a man and as a Judge, is at present in
the United States, and should he be willing
to return to his old post, his recall is de-
serving of earnest consideration.
We express our views on this subject
with difidence, although we hold them
strongly. We do not desire to ignore the
fitness Of several gentlemen in our midst
for the office now vacant, or to speak Of
their well-known qualifications otherwise
than with respect. But we desire in this
case something more han q merely suffi-
Gent qualification. The circumstances OF
this Kingdom have greatly changed o
late. 1t is proper, and as we think, highly
necessary that our Supreme Judicaturt
should be strengthened at such a time as
this; that a new departure, as it were
should be taken. We would even g
further and say, basing our opinion OIL
much that we AVE heard of late of the in
creased work which now falls on on
Judges, especially in the other islands, tina
the appointment of an additional Judge
or two is a subject worthy of grave an
early attention of the King and $50
lature.