The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-05-15

sideration of your Honorable body |
will undoubtedly be called to the |
question how the character and |
efficiency of the lower Courts can be
improved, | advise that the power
of approval over such appointments
be restored to the Justices of the
Supreme Court, as one means of
securing a better class of Judges.
Another would be the enactment of
a Statute forbdding the incumbent
to practice Law.
But more especially should an
Act he passed disqualifying any
Magistrate from being candidate
for election rs a Representative for
the people. The desire on the part
of candidate for Legislative honors,
and thus to endeavor to please his
constituency while soliciting its
favors, operates unfavorably on his
discharge of judicial duty. The
desire to win popular favor is apt to
bias the mind and tempt to dis
honesty of Judgment. 1t is not
right to permit Magistrate to be
in position of such great temptation
to judicial irregularities. More
over the Constitution declares that
the three Departments of Govern
ment. the Executive. Legislative
and Judicial, shall be preserved dis
tinct, and the sitting of Judges in
the Legislature is violation of the
spirit of this fundamental Law. The
evil will not be cured by allowing
Judges to resign if elected or by ap-
pointing Deputies to fill their places
during sessions of the Legislature.
The Law should provide that no
person shall be eligible to election
as n Representative who holds q
commission as u Judge, or who has
held such commission at any time
within, say, year previous to the
election.
regard the appointment of Dis
trict or Police Justices as Tax AS
SCISSORS or Tax Collectors, as also
detrimental to their efficiency as
Judges. Our Statutes regulating
the assessing and collecting of taxes,
as also those constituting the Board
of Inspectors OF Election contem-
plate that these offices and that OF
the District Justices shall be kept
distinct, and that no two of them
shall be conferred upon the same
person.
In many of the more populou>
districts where the work requires
the services of men Of superior
training and character, the salary
should be increased. Thus there
would be less temptation to seek III
crease of means by other Govern
ment appointments, and less accessi
bility to bribes and other favor'
from the constituency. There is
no reason why all the Magistrates
should be paid alike. The salary
should be proportioned according t
the amount of work and responsi
} bility.
In the best Governments, Judge
are made to feel that if they dis
charge their duties honestly ant
efficiently, they may reasonably eX
pect to be continued in Office. Thi
, ought to be the rule in the civil ser
vice of Hawaii. Certainly q Judg
should not be made to feel that hi
tenure of Office was dependent upo
q his availability as candidate fo
D the Legislature, or upon the amoun
: of his influence over the voters /
his district. Why not limit thes
. appointments to men of approve
. character, whose knowledge of La
], and general qualifications are e'
/, tablished by examinations conducte
by the Justices of the Supren
Court? Would not such systel
- tend to secure what all desire,
: bench of Magistrates in who's
- hands the vital interests of the con
J.; munity will be safe!
- At present there is no system
. inspection of the Magistrates r
), cords or accounts. They repo
q their receipts to the Auditor Gel
le eral, but there is no further chez
4. on them. Their annual report
in the Supreme Court is merely for Il
purposes of statistics.