The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1882-04-12
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The Supreme Court

The Importance OF the Supreme Court to every
interest leads people to watch ifs progress and
study its development with more than ordinary
scrutiny. The composition of the court, its status
under the laws, its fractions and methods are all
matters which the public viii weigh and approve
or condemn. and rightly, inasmuch as the court
is for the public, and its officers are the servants
of tho public. . .G
Those who submit questions involving property
reputation, life and liberty to the decisions of
judges have right to demand that the just settle
msnt of such questions shall be the best work and
supremest object of the court, and that 10 other
consideration whatever shall be allowed to inter
fere with such work. Courts are not founded to
give opportunities to any to make regulations. OF
course the reputation of judicial officers is i'm
poTtant, as the public confidence in the court is
IN measure dependent upon that but such
confidence can only be satisfied by one who. keep
ing himself in state of judicial freedom and indie
pendence, gives IN the first place unbiRse decis-
ions and in the second place a reasonable proper
tion of correct ones. There is no other way bat
this, path 10 judicial success IN sir easy les
sons"
Perhaps the chief criticism Of our Supreme
Court is properly in relation to the unsatisfactory
nature of its appellate jurisdiction. The Court of
highest and final appeal for any case may be made
up of but two judges, one of whom has already
heard and decided the case. The Supreme Court
thus sitting in the persons of two judges nave
ruled that this Is full court in banco under the
constitutional and statutory definitions and havo
insisted upon carrying out the idea in practice in
spite of the earnest and repeated protest of the
members Of the Bar. Again case may be ap-
pealed from judge Of the supreme Court sitting
lsthe intermediate Court of Oahu. 10 the Supreme
Court and there tried by jury under tho direction
OF the same judge who has already decided the
case IN the lower court. The feelings of litigant
who appeals his case from the Intermedmte 70 the
Supreme Court at considerable expense and with
reasonable confidence in a more favorable re-
suit from the new hearing before another court
may be falntiy imagined when the saInc irfdivid-
ual who gave him an unfavorable decision in the
lower court appears in the Supreme Court and
proceeds to direct the trial there The Civil Cod
IN section so provides that no judge shall SIT
alone on an appeal or new trial in any case in
which he may have given previous Judgment
and the court has ruled that judge who tries a
case with the assistance of a Jury is not sitting
" alone +" under the meaning of the Civil Code
This may be a correct ruling, but as the sanle
statute used in the first sentence the words I" no
person shall SIT as judge in any case in which, &c
the legislature may be supposed TO have intended
to carry that meaning through the section and
when they said that no Judge shall " sit alone''
they meant that no judge shall sit alone as jHS.
DC or IN other words, without being associate a
with other persons sitting also as judges. Now
Jurors. Even if the curt Is intrinsically rght in
their interpretation, the section in question was
not prepared for the event Of appeaIs from the |
intermedlate court, II having been enacted many.i
years before that court came into existence Inc
position of the court on this point allowing |
Judge to SIT on an appeal from himself provided he
IS assisted by jury, necessitates the belief that
The legislature really considered that the situation
required the solemn enactment of law to prevent
our Judges from trying singly appeals from them
selves, which If true would indeed be evidence of
an extraordinary and somewhat dangerous devci- 4
Dpment of judicial zeal.
1he main point however in this matter is not 50 /
m1cn whether' the court is right OF vusng in IFS |
ru1ngs referrtd 10, but whether or not IL is more
or less oeneaenf m that sentiment which strictly
INSISTS as far as possible, IN keel ing the appellate
Tribunals indeI endent and unbiased II there is /
sucn dehcief1y It Is very serious matter 10 the
public for wks5sn appellate courts exist the i'm
preston certainly prevails that such i tbe cssa
ARISING probably, partly from the decisions refar
red tl and partly from the disposition the indaes
NOV 70 more or less commit fhenssIres ~, ait
ing o5er cases not before them but Whit, -,
likely 70 come up before them on appeal
The organization of the Suprsme C,u-, :.
fitted for the judicial work of me s,,
Try; reorganization would be ATTENDED sr;t,,
considerable uncertainty and danger and onnh, ~
not to be attempted: but with the present. r,,s,
IN the status OF our courts n rs
appeal il is highly probable that such cIanse
increasing the number of the JUDGES will =, n
near future be suggested and more than this viii
receive the support of some Of the best men In The
country and this simply for the sake of obtain,,o
IN adequate appellate court.
Lower Fort street and The EspIanads were verv
iusty ON Monday last The carriage traffic was