The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-11-26
SUPREME COURT
SPECIAL Tax. NovE,mEn. Issf.
Bsfsrs the FuF count
BASCo CA-Y..

His EXcsIlency the Attorusy-Generl then
said -' After listening 70 the readings II the
commissions issued, By command Of His Majesty.
% the learned gentlemen who nov occupy the
Bench, / feel assured that my legal brethren Kill
heartily Join with me In the opinion that the
Judicial Department Of the Government il now
IN a most satisfactory condition. The member-
Of the Bar, IN any country, are especially alive
20 the necessity % a strong. compact, and i'm
partial Judiciary. II has been the experience u
this nation . have the Judicial machinery. from
the earliest days. ia the hands % competent
men Ny Own recollection runs back o. the
time when the Judicial system was drawing itself
out Of the Hawaiian or GENERALIZATION. and
striking its bounds in the larger civilization 81
the English-speakin2 people. II vas, indeed, "a
most difficult task % place side BY side and pro
perly adjust the interest. the right. the claims VI
two different races. governed By such different
customs and laws. But these men succeeded in
creating a most harmonious relation. May il
please the Court, you are the successors 81 these
men, aud IL has dsvOlved ON you % carry out
with strength aud justice that system Of judica-
ture which they inaugurated. and which several
Of you have already assisted IN continuing. /
repeat. that the nation and the Bar NAV con-
grRtulats themselves that you gentlemen, nov
forming the supreme Court Of this Kingdom are
abundantly able 90 accomplish the task and can,
IN every event, preserve its honor, its integrity,
and it, independence
To this address, His Honor the Chief Justice
replied in the following terms -" Brethren
II il gratifying 10 the Court 10 receive
this kind expression Of the Bar through
YOU. Mr.. Attorney General. Re0rgnuizsd as the
Court now is, I think We bring 10 the fulhlImeut
% the grave responsibilities with which We are
entrusted, a degree Of familiarity with the needs
Of the country and its customs and q desire b
discharge our duty with fidelity and cOnscienti-
BUSINESS. The future will show whether our
decisions shall exhibit the wisdom requisite 10
enable them 30 stand the test Of criticism. The
business Of this Court has greatly increased with
the growth u our and the promotion
of nur aufsrurraa@- The rmUgrfWut ra1A4 haawI
nc the last two terms Of the Court are equal IN
Number o. those presented during nm entire
biennial period fifteen years ago. and with the
development Of the outer districts the work 81
the Circuits has become very labOriOus. New
aud puzzling questions are constantly coming t.
the surface for adjudication. While we may
not expect 30 develop. a. IN larger communities.
any great specialist INA the Law, the great variety
Of cases which our microcOsm presents, demands
on the part Of the Bar and the Court u fnmiliari-
~ with every branch Of the law. Not only il su
acquaintance necessary with Maritime Law. Equity
the law % Marriage and divorce. but with Crimi-
nal procedure. Contracts and Real Estate. and
We foresee that a knowledge 81 corporation Law
and other branches, a. We advance, h likely o.
be- put into requisition. To these duties we nov
address, ourselves with zeal. and in their prosecu-
ton We expect and believe We shall have the
sympathy and assistance Of the Bar. No higher
duty ever devolves upon the lawyer than To A.
sist the Court with the results Of his investiga-
ton. and 90 present the law of his case exhaust
lively and couciscly. Harmony among the MEM
bers Of the Bar and pleasant relations with the
Bench have ever been the tradition Of this Court
and this We will endeavor to preserve. This
COMPLEX nature Of our community gives Us the
advantages Of having here a. lawyers, gentlemen
from all parts Of the American Union and from
Great " tain. IL vas never stronger than nt
prssg y am reminded Of its varying character
by the act that Of those 1 now address. not one
Was a practitioner when I was admitted To- prac-
hcs in this Court a. a junior in 1854. We
thank you, brethren. for the kind hopes YOU
have expressed. We shall endeavor to discharge
our duties with acceptance 20 yourselves, the
community and our own conscience
The business Of the term was then proceeded
with. Several cases which counsel were not ready
70 go on with were put at the foot Of the list.
II. 4. Macfarlane and r. NJ. Hatch. as as
signees, ~ T. Spencer, T.. Spencer, jun. Il al.
This was an appeal from the decision of Dir.
Justice Judd. sitting as Nice-Chancellor, over
ruling a de-1urrer. The points on appeal, which
were wholly technical, were argued. The de-
cisiOn Of the Cont was reserved.
The same ~ t. Spencer and T.. Spencer, jun.
This was a similar appeal in a separate action.
Argued and judgment reserved. Messrs. Castle
L Hatch appeared in both cases for the plaintiffs
and Mr. Hartwell for the defendants, who are the
appellants
from the decision given BY Mr.. Justice McCUlly,
sitting in Divorce. Nr. HOlokahiki counsel for
the Hbellant who was also the appellant Withdrew
the appeal on the ground that the law had not
provided for appeals in such cases to the
Supreme Court in BaucO.
MOna W Kupau appeal from the decision Of
Mr.. Justice Judd. kupau after contracting 10
let certain land 20 one Alan afterwards leased 1t
to Aloha and got $3.50 from him as rent IN adj
vance. Alan brought a suit and obtained q de-
cree in his favor for performance by hupau Of
his contract. The Court held that the lease 10
Aloha was not void but must be postponed until
that to Aiau should run out, and ON this ground
the decision appealed against had been given IN
the following words o. the lease j. still good be-
tween the parties, to commence after the lease to
Aiau has expired. and the defendant cannot be
compelled 10 repay the rent advanced" Ar.
Hartweu appeared for the plaintiff appellant but
KuPau vas not present or represented The
appeal was supported by q Lengthy argument 81
n technical character. The Court reserved Judge
ment-
NoSD,Y. Nov. p.
The King ~ Acho. The exceptions in this
case were overruled. yr. HartweII appeared ~
appellants counsel
The King " KnIi. SIr. Hartwr1 counsel Ter
the appellant EoIii asked that this ease should
20 over 10 the January term. After a discussion
the exceptions were %ithdrawu AMI the Judge
msnt given IN the Circuit Court was confirmed.
Martin 4 Go. ~ Nnkoa. f 81. Exceptions to
the ruling Of lIr. Justice McCully ~ tn August
term 3rd Judicial Court. Mr.. Dole FOR the plain
tffs argued that the Law that contracts shall BE- IN
both the Hawaiian and English languages could
not apply where both parties % q contract were
natives also that the defendants. being al
natives, could not have been damaged by the
fact that the contracts were not IN the Englsh
language. Judgement vas reserved-
r. Briggs ~ J. Il. Mills. The hearing Of the
defendants exceptions IN this case was post
poued till the January term
8 N. Damon. e. al. assignets 81 II. l.. Chase
~ Nary r. Chase. Mr.. Dole for the defendant
vished her 30 b. r~e-examiued. 20 which ". %.
smith. pIaintih = counsel. objected The Court
decided that new evidence could not BE- received
then. A. such. unless supported by afadavits the
appeaI must therefore proceed upon the record
- sent ~. Mr.. Dole on behalf Of Mrs. Chase
referred 10 Section y1o Of the Civil Code ana
nrgsd that she did not know anything about the
bankruptcy Of her husband, but only that he
had been burnt ont and was hard up also
a. h wna ~ The intareat Of The cretltlrs