The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-09-09
T II e
THE LEGISLATURE.

The Legislative Assembly on Tuesday
had a short but instructive debate on the
bill for increasing the number of judges
of the Supreme Court. The bill itself
was referred to a special committee,
which doubtless will report back more
perfect measure. One point made in
the debate was to the effect that under
our present judicial system, the right OF
appeal is practically dead letter, and
that the spirit and interest of the Con-
stitution in that regard is set at naught.
This is a very serious blemish and should
be remedied. Another point was that
the inhabitants of the other islands ex-
perienced a partial denial OF justice
through the residence OF the three judges
of the Supreme Court at Honolulu.
The judges went circuit occasionally,
but that only afforded a limited and
costly jurisdiction. These two defects
it was thought might be removed by in
creasing the judiciary to five members,
and locating the associate Justices on the
other principal islands, making Homo
lulu the residence of the Chief Justice
and Chancellor of the Kingdom. In
cases of appeal there would be a chance
for fair and impartial hearing by the
full Court, which is not now the case.
This is brief summary of the argu
ments in favor of the bill, and the unan-
unity of the members of the bar having
seats in the Legislature upon these
points was remarkable. 1t was strong
presumptive evidence that their opinion
was in accord with the fact.
Now, while we do not venture to ex-
press any decided opinion of our own
accept the arguments in favor of the bill
as conclusive. There is behind these,
however, another contingency, which is
that mere increase OF numbers, while
it might secure an unbiased Court Of
Appeal, need not necessarily add to
the respect in which the Judiciary has
heretofore been held in this Kingdom
But on the other hand there is no reason
why it should not do so. Everything
would depend upon who might be chosen
to sit on the Supreme Bench with the
present incumbents. OF course we do
not anticipate any mistake in the ap-
pointing power should the bill pass and
be approved, but when considering a
question of so much gravity, it is well to
look upon each side OF it.
One remark, however, is forced upon
us in this connection, and it win proba-
bly, occur to most people who have read
the last biennial report of the Chief
Justice. 1t will be remembered that
under the heading of ''Police and District
Justices" the Chief Justice made a
political argument with which we have
at present nothing to do. lie remarked,
with great propriety, however, that
confidence in the courts of justice is
essential to the repose of the commu-
nifty" In his argument he limited the
want of confidence in the community to
the Police and District Courts for reasons
stated but the debate early in the ses-
sion on the Stenographic Reporter s bill,
and the debate on the bill to increase
the number of Supreme Court Judges on
Tuesday demonstrated that qualified
want of confidence extends to the SUI
preme Court itself There is no question
as to the integrity OF the judges; the
dissatisfaction expressed is an incident
OF the judicial system. Agreeing there
fore as we do with the Chief Justice that
confidence in the courts of justice rs
essential to the repose of the commu-
nifty" we approve OF any change that
will remove the apparently well grounded
complaints of the bar in the interest OF
htigants, always,insisting upon such APP
pointments as will maintain the high
standing OF the Supreme Bench OF the
Kingdom.
The Legislature yesterday was Occu-
pied with a variety OF miscellaneous
business, among which were bills for
permanent settlements. Details will be
found in our report Of the days doings.