The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-10-06
THE LEGISLATURE.
18TH DAY. Continued.
AFTERNOON SESSION.

Consideration of the bill relating
to the appointment of two additional
judges of the Supreme Court.
Rep. Iayselden moved the minor
ity report of the committee be read
with the bill. Carried.
Rep. Richardson, on suspension
of the rules, read another minority
report, signed 10y himself, recom-
mending that some means be de-
vised to procure the hearing of APP
peals by at least three Justices with
out participation in the hearing be-
fore whom it was last heard and
appealed from, which it is thought,
can he done by having a Chief JUS
the house pass the proposed amend
ment to make the Judiciary Depart
ment more effective than at present.
Rep. Ilayselden moved the re-
port he laid on the table to he con-
sidered. with the bill. Carried.
Rep. Kaulukou moved the bill be
considered section by section. Car
ried.
The first section was read.
Rep. Kaulukou moved the section
pass.
Rep. Thurston was in favor of Il
change in the Supreme Court, but
he did not see that the addition of
two Judges is going to do any good.
No change in the men is needed.
The fault is with the system by
which the same judge sits in banco
on appeals from his own decisions.
The bill does not change the system,
and it cannot achieve the purpose
intended. If there is to be no
change in the system, the addition
of one judge is sufficient.
Rep. Dole read another minority
report signed by himself and Rep.
Brown.
Hon. j. S. WALKER, President
Legislative Assembly-SIR: Your
| special committee appointed to con-
slider certain bill, entitled can Act
to provide for the appointment of
five Judges for the Supreme Court, "
introduced by Hon. j. l.. kaulu-
kou, respectfully report as follows
The bill in question is imperfect, in
enacting a radical change in oul
Judicial system without furnishing
the provisions for making such {
change effective, and if passed
would result in the residence upol
the other islands of two sets o1
Judges, to wit: Judges of the Su,
prcme Court and Circuit Judges, OF
different rank and powers, and ye,
with equal jurisdiction in matters
appcrtaining to writs of habeas
corpus, dover, partition of real
estate, atliliaton of bastards, adop.
ton of children, and to probate OF
wills and appointment and discharge
of administrators and guardians
This state of things, your committee
think, would result in confusion ant
conflict of authority, and offers M
public benefit to Overbalancc th'
Inconvenience.
Your committee are of opinion
that there is no necessity for an in
crease in the number of the Judge
of the Supreme Court. The reasol
offered by the advocates of said bill
to wit: that our present system
furnishes litigants with no salisfac
tory final Appellate Court, require
Il different remedy from the on
proposed; merely increasing tn
number of Judges of the Suprem
Court would not cure the presen
defect in our system of appeals.
Your committee feel that this de
feet is serious one, and must b
removed as early as possible, bu
they are of opinion that a genera
revision of the statutes relating t
the Judiciary is necessary and de
sirable to this end.
Your committee favor the pla
suggested by the hon. member fror
LilIue and Koloa, to wit: that tn
jurisdiction of the Circuit Judge
uc IciSusSu w SOlIcSIOut WIN VII
present jurisdiction of the Judges O
the Supreme Court in Chamber an,
Jury trials: that two Circuit jus
tices be appointed for the Island o
Oahu; that the Supreme Court b
deprived of original jurisdiction an,
retain only appellate jurisdiction il
banco, and that It's present forma
ton of three Justices be continued
permanently; and TO this end W
recommend the passage of ,th
amendment of articles 60 and GS o
the Constitution, now before the As
sembly; and that II commission o
three be appointed to revise tn
statutes relating to the Judiciar
and report to the next session of th,
Legislative Assembly,
s. B. DOLE, Chairman,