The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-09-08

l. had never been answered, but he propose
= doing 50. IN introducing this bin he di
- not wish To throw any diScredIt upon III
e present Justices. The number of Justice
70 should be increased in order that the pee
, pie may get justice. Messrs. Dole. Brow
? and Castle had some objections Ia the wa,
I the Court was constituted Not onl,
them, but all the practicing members o
: the bar \ Judge who sits in the Inter
mediary Court and hears an appeal case
ought not 10 hear the same case before 4
jury or in banco. Ii makes Judge No !
say to Judge No. ,, that if he (No p will
concur in No. Is decision he No. u will
concur in one of No. rs decisions With
this state of things, parties have COM
/ planned of injustice. He had brought
in this law TO bring about some
change. Mr.. Brown had said there was no
work TO do, but the Chief Justice told him
( (the speaker the other day that he had had
great deal of work TO do, and was so
tired out that he was obliged to go to h 90
| lau for vacation. He further said they
/ were not paid well enough for their work.
Mr.. Dole said that Mr.. Kaulukou had
! stated tIe course of an appeal. What use
| was it for a man TO have a case tried in
| one Court, and on appealing and tax
| ing it to another Court, see the same
Judge pop up who had tried it in
| the first instance 1t discouraged
lawyer and made him sick to have appeals
tried in this way. 1t was the fault of the
system. II they kept three Judges to-
gether and they tried case, which they
knew nothing about, then they would get
their moneys worth. He did not think
the increase to five Justices would remedy
this. 1t did not change the system, but
simply diluted the bench They would get
more in quantity, but the character would
be just the same. There was nothing in
this bill To prevent one of the Judges sit
ting in his own case again. Judge Preston
complained of being homesick because he
had to loaf so much. He had intended to
bring in bill to reconstruct the Supreme
Court, but as the Constitution would have
to be first amended, his bill could not be
prepared this session. He moved the bill
be referred to a select committee
His Excellency Mr.. Dare said he agreed
with Mr.. Dole's remarks, but was sorry he
had not confined himself to amending the
was being considered in Committee of the
Whole, and if defective, should be per-
feCted. He had some amendments to offer
to it. However, only section l was under
consideration. 1t was fact which could
not be denied that the system here is I'M
precedenEed. They could not find Su-
preme Court anywhere that sits as an APP
pellate Court upon the decision of its own
members. 1t has been said that the pres
ent Supreme Court is respected He in
dorsed that, and it was due more to the
personnel of the bench than the system.
Hawaii of the future will not be Hawaii of
the past. What with an increase in water
privileges and other interests, it will re-
quire more judicial work in the future
Under the present system there is
practically no appeal Anyone who
thinks that the Supreme Justices
are more than human, makes an error. i
Being only human there is likely to be
tendency to fall into all weaknesses of !
prejudice, and all weaknesses of personal |
vanity \ Justice having rendered a de |
cisiOn, does not like to have it Overruled, |
and il is only right to expect that he would |
appeal - one or the other of his associates !
to sustni.I him. Having done that it leaves /
only one Justice as an appellate to appeal |
to. Having induced one of his associates
to agree With him he is master of the sit
uation and therefore violates the Consti-
tuition. Article y of the Constitution
reads. ono Judge or Magistrate can sit
alone on an peal or new trial in any case
on which he may have given previous
judgment" The increase of Judges to
five, with one on each island, and they
meeting together. would be the proper
remedy. Mr.. Brown says there is no
work for them TO do to-day. He (the
speaker) could give them plenty to do.
Let them provide some Code of practice
No lawyer in the House could say there
was any Code. Why do the people of
Oahu have their Justices, while the people
on the other islands are obliged to wait
long time to have their cases heard. Give
the islands of Hawaii, Maui and Kauai
each Justice, to live among the people
and hear cases when they are ready. Then
let them meet in Honolulu as high Su-
preme Court.
Mr.. Brown said he concurred with the
Generals remarks, but could not
favor this bill as it stood.
His Excellency Mr.. Dare-Then amend
it,
Mr.. Brown withdrew his motion to in
postpone the bill, and favored
the reference to a select committee.
On a vote being taken the motion to
recommend the House to refer the bill TO
a select committee prevailed.
Mr. Brown moved the committee rise.
Agreed to.
On the House resuming, the Chairman
reported that the committee recommended
the House to refer the Act relating to the
Justices of the Supreme Court to a select
committee.
The report of the committee was adopt
ed, and the President appointed the fol-
lowing select committee: Hon. Dole,
Chairman; Brown, Richardson, Kaulu-
kou and the Attorney General.
PENSION BILL.
Consideration of an Act to regulate the
granting of pensions.
Mr.. Castle moved the bill pass with the
made by the committee.
Mr. Dole said he did not think the bill
would meet with much opposition, as it
,.ar,- a1,1itabIa