Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-02-11
SATU RDAy RESS.
SUGGESTIONS CONCERNING THE
JUDICIARY.
FEBRUARr II, 1852.


islands has had tn. usual attending effect of
increasing litigation to such mn extent that
some changes IN our judicial Hyatcm seem 10
bo requisite, not only for expcditing the nd-
mnsration of Justice, but alro to relieve the
community 40 fat na practicable from the
great Inconvenience attending the present
mode of holding terms Of Court, quarterly.
Every three months largo number ui citizen
engaged IN active business are required for
period Of four weeks 10 he it, Attendance na
jurymcu and witnesses ut tho Supreme Court
to their great Inconvenience and forced neg
lcot of business.
As the Legislature will soon meet, it may
not 10 hapt to make some suggcstions that
may he improved upon and formulated into
law by which the evils referred to may in II
great measure he dispensed with.
A law might be passed creating a Court 10
he known IA u superior Court, consisting Of
one Judge, endowed with unlimited jurisdic-
tiuu in matters civil aud criminal to sit at
Nsi Prius for the trial Of all causes, which
Court should bo in constant and uninterrupted
session, and from which process should issue
rcturnnblc in twenty days. The suit should
then be heard aud determined by the Court
unless party litigant (plaintH or defcndant)
should pray in his petition or answer, for
trial by jury and deposit with tho Clerk of
the Court the jury fee In such case oe',irc
Jicius would issue for n special jury to try
the issue joined.
If such a Court were presided over by
competent judge great majority of issues
would be greatly relieved from the burden of
jury duty as at present exists. And the costs
attending litigation would be vastly less than
under tho existing system, whilst the members
of tho Bar would also be relieved in great
measure from the pressure upon them, which
must necessarily follow from quarterly Court
sessions. Causes would be better prepared
and better tried; aud justice would be ad-
ninisered in more complete aud satisfactory
manner than is possible under our present
system.
| The business before our courts has increased
to such an extent that some such legislation is
necessary to relieve the community Of very
|
sent system, Of the Judges of the Su-
preme Court sitting ut Nisi Prlus, sits also in
Banco on the hearing OF appeals taken from
his own decisions and it in natural to sup
pose that the respect held for u brother Judge
should 30 far towards preventing that entire
independence of investigation and judgment
that should characterize every judiciary body
and more especially 30 when it is the tribunal
of last resort. Now such Court as we have
suggested, sitting continuously for the hear
! ing of causes would relieve the Supreme
Court of that embarrassment and a cause
taken on appeal from the ruling of such
Court would 80 before the Supreme Court for
q final determination will, the advantage of
the fact that none of the judges had previous
ly heard or decided the point at issue.
By adopting this course, we would be but
following course that other communities
have found to work well and it could not be
regarded in the light of an experiment, if the
increased business before the Courts demand
such step to be taken. The cost to the
Government would be but the salary of tho
judge presiding; and considering the advan-
tages as compared with the cost, the increased
expenditure would not be worth thought
The jurisdiction OF the Circuit Judges should
also be increased, that they might hear and de-
terminc such causes as come before them, and
from their decisions an appeal might be had
to the Supreme Court, relieving the judges of
the Supreme Court from circuit duty, and
atlording them an abundance of time, to hear
patiently, to consider maturely, and to decide
wisely all matters brought before them OH
appeal, which would, We feel sure, tend to
prouiote the ends of justice, and secure
more symetrical and uniform Jurisprudence.