The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-09-08
Uhe 9ailg g tllftin.
WEDNESDAY,. SEPT. s, 1886.
THE LEGISLATURE,
NINETY-FIFTH DAY.
TUESDAY, September 9TH.
AFTERNOON SESSION.


Brown, who explained the circum-
stances under which Mr.. Flower
dew's claim originated. Petition
er's claim was originally for Sl2, 900,
but has since been reducedto So, 900.
Rep. Kcau moved the considera-
ton of the petition be indefinitely
postponed, and spoke at length in
support of his motion, without inter-
probation.
Rep. Dole said he would support
the motion, but did not agree with
the views of the honorable member
for Honolulu that the House has no
power to vote this money. Mr..
Flowerdew went on in an illegal
manner, under arrangement not re-
cognized by the courts, and acted
evidently with knowledge that he
was acting outside the law. He took
the responsibility of going forward
against the advice of his own coun-
sci, and if he has any remedy
against anybody it is against the
Minister who went outside his juris-
diction. The vote for indefinitely
postponement passed.
On motion, the rules were sus-
pended, and the bill for appointing
five justices of the Supreme
Court was read a second time by
title.
Rep. Castle said the bill was one
of the most important that could be
brought before a Legislative body,
and moved it be referred to the
Judiciary Committee.
Rep. Kaulukou moved the bill be
referred to committee of the whole
to-day. Passed.
House resolved into committee of
the whole, Noble Bush in the chair.
The bill was read by the clerk,
and interpreter in both languages.
Section provides: The Supreme
Court shall consist of Chief JUS
tice and four Associate Justices any
of whom may hold the Court, and
when SO held shall have and exercise
all the powers and jurisdiction com
mlJteu 10 SalQ Court.
Rep. Brown moved the committee
recommend the House to indefinite
ly postpone the first section. The
honorable member referred to bill
introduced by himself at last ses-
sion, under the impression that more
justices were needed. but since then,
he had changed his mind. He
knew now there is absolutely nothing
for two additional judges to do.
There are no cases before the Su-
preme Court at present awaiting adj
Indication. These facts he has as
certained on enquiry at the Supreme
Clerks Office. If the case were
otherwise, and any business was be-
fore the Court awaiting adjudication,
he should say let us have additional
judges. He believed in the theory
that 3 judges were better than 3, if
we had work for them to do.
Rep. Kaulukou said he had intro
duced the bill. He thought the
honorable member for Koolauloa,
although expressing himself against
the bill, was at heart, really in favor
of it. He supposed some people
would be uncharitable enough to
say that he had introduced the bill
because he wanted ajudgeship him.
self. He would say, at the outset,
that he had no such purpose. He
did not consider himself qualified
for such position. If the bill
passed, the honorable members for
Koolauloa, Lihue and Waikiki,
might obtain the new judgeships.
Their high legal training amply
qualified them for the positions
which they could fill with credit to
themselves and the country. Some
OF the newspapers had asked what
this bill was for. The question had
never been answered. He proposed
now to answer it. He disclaimed
any intention of discrediting in any
way the judges of the Supreme
Court. But we want this bill in order
that we may all get justice. 1t was
o matter of complaint among honor
able members and also among
practising barristers that as the
court is constituted, appeals are
carried from lower to higher
courts, but that the judges sitting
in these courts are the same persons,
Rep. Dole said tins is not quesv
ton of justice or increased accom-
mediation to the public. The ques-
ton is not if the judges had too
much work; but if any improve
ment in our system is needed, and
If this bill is the proper remedy.
The hon. member admitted the
force of the arguments of the hon.
member for Hilo, with regard to the
present procedure in appeal cases.
But he thought this bill provides no
remedy, as it does not change the
system; it simply dilutes the bench.
The bill makes no provision for pre-
venting any of the five judges from
sitting on their own cases. So far as
his experience went, judges like to
do that. There is nothing in the
bill to show what a full bench is.
The proper remedy would be to de-
prive the Supreme Court judges OF
original jurisdiction, and have them
constitute an appellate court alone,