The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-07-23
THE PACIFIC
Commercial Dbertiser.
SATURDAY
JULY %, 1881.
Court News

Court News.
THE PRINCESS REGENT will leave the
Capital Aug. ,, TO make a tour Of the Is
lands. The presence Of Her Royal High
ness among the People, throughout the
Group. will have q beneficent effect to re-
move the depression caused by the epide-
mic. The visit Of a Ruler has always a
notable effect and when a. in this instance
the Ruler i beloved, the result is inspiring,
and promotive Of public welfare.
ACCORDING 10 latest kilograms, up to
July 9Th, President Garfield still lives with
increasing hopes OF complete recovery. We
may say a great nation waits and prays for
a human life. A. England prayed for her
Prince; 50 does America for her President.
And little Hawaii may well join mighty
Columbia. in prayer 10 the Giver Of life
that a chosen ruler be spared and we trust
will have occasion to join in an Interna-
tional Thanksgiving for his recovery.
IT Is reported with a certain degree of
assurance, that an unusual pressure will
be brought to bear, during the incoming
week, to induce Her Royal Highness, the
Princess Regent, to appoint at once a
III JA-AALN- II AAltlt -lAOlAIu Ot al
array Of evidence to prove an insuperable
exigency, we doubt not that the patriotic
spirit Of the Princess will respond to the
requirements Of the country and we are
confident in saying, that the country il
sufficiently provided with capable men to
supply at once the needed beside ratum.
We have sometimes entertained the idea
Of looking abroad for IN eminent jurist or
even Of recalling a retired Chief Justice
living abroad but we have an all-suffi-
cient ability here, To meet the official
requirements Of the case. We have an
EX-AttOrney-GeneFaI Of unexceptionable
qualifications As a jurist, with large eX-
p%erience, both in this country and abroad
and without interests or associations to
embarass a judicial position and we have
besides two or three legal gentlemen of
large and honorable practise, without
naming the capable gentleman, now oc-
cupying the bench;-any one Of whom
could take up most fittingly the ermined
mantle Of the departed Chief Justice. But
we do not advocate haste in this matter
and 10 not see any occasion for the Princess
Regent to change her judicious purpose of
awaiting His Majesty's views.
OUR respected young contemporary insists
that he had no legal counsel in the prepar-
alton Of his argument in respect to the
alleged defective legal status, or constitu-
tiOnality Of the Supreme Bench at this
time although he had "every assurance
from some of our foremost men;') and for
the credit Of our Honolulu bar, we are ready
To accept his assurance.
Our worthy young ~eXpOunder and inter
prefer of the Constitution has evidently set
aside the decision of two Supreme Justices
on the point in question, in 1865; which
however, for the benefit for some Of our
readers, who may not have read up the
subject rs ulIy as our Omniscient editor,
\ we will quote from Hawaiian Reports, Vol.
III. pages 80 and 81:
"A motion was made a few days ago, for
an assignment Of a time to hear an argyll
ment on the exceptions, and a motion for a
new trial III this case, and q day vas assign
ed. In the mean time occurred the lament
ed death of our highly esteemed First
Associate Justice Robertson, who died
suddenly ut Waianae, Oahu, while OH a
trip for health and recreation, March 18th,
1863 and now the counsel, who filed the
exceptions, and made the motion for n new
trial, moves the Court for q stay of eXecu-
ton of the sentence until such time as a
full bench can be procured for the hearing
and argument Of the exceptions and motion
for a new trial And the first question
which arises j. l. il competent for the
NOuIIT tDlAcLlLulth IL II hpN H. 10 lltht
judicial decisions ?
The Constitution expressly declares
that decisions of the Supreme Court, when
made by q majority Of the Justices thereof,
shall be final and conclusive between the
parties. \ majority of the Court are now
sitting, and If they concur, the decision Is
final and conclusive. 1t is exceedingly de
sirable for the Court to be full, for the ben
eft OF advice and COUNSEL: but il is an inc
vitable law that vacancies will occasionally
occur. And has the opinion ever been
adopted by any Court that their duties
| ceISed, and the judicial business of the
Court was suspended for this cause? 1t is
very often the case that a lawyer in full
practice, and who has been counsel in
many important cases pending, is appoint
ed a Justice Of the Supreme Court. In
these cases he cannOt sit, but it IS a new
doctrine that q decision can not be had be-
! cause the bench is not full. In ease of the
illness or unavoidable absence of a Justice
Of the Court, the same consequences would
follow.
ono such power is vested in a single
Justice to defeat all legal proceedings by
his absence. The only question i, l. there
a majority Of the Court present ~
The vacancy then caused by the death OF
Judge Robertson continued for a term Of
eighteen months and ali the business Of
the Supreme Court, both i'm banco and ni-i
priUs cases went on satisfactorily, and with
out any detriment TO justice, for the indie
pendence Orthe country.
And such will be the case in the present
instance. Notwithstanding the apprehen-
sions OF our juvenile contemporary that ode
lays are dangerous a. we may possibly
find advantage for a time, I'm a mastery
inactivity"