The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-10-06

lawyer and learned man. ANA the kin2
appointed him the first Chief Justice
That was Mr.. Justice Lee. He workes
hard for the country, and under his in
fuence, being being assisted by Associate
Justices Andrew and IL there WAS soon en-
tire confidence in the supreme Court. ana
II has been so from that day TO this. A.
the present time there are three good
lawyers on the supreme Bench, against
whom no one has Il WORT 10 say. During
all these years the system has been the
same He did not know OF a country
where there had been less complaints from
the failure of Justice When abroad peO-
pie asked him about the Islands and also
the Courts. He told them they had a
good Supreme Court. Then they said,
YOU are we'll oft, and YOU cam consider
your life and property safe. Ii they
passed this bill it would weaken the Court
and weaken the respect it commands at
home and abroad Considering how few
the complaints had been, he thought the
House had better make the change Is rec
commended by Mr.. Dole. Il was "a meas
IRE that was safe and he was i'm favor OF it.
Mr.. kaulukou said he hoped the House
would pass the first section 1t Is identi-
cal with section 427 of the Civil Code and
seeks To repeal sections s27 SIG and So of
the same Code. The Hon. Mr., Bishop
need not have any apprehension at all if
this bill passed The appointment Of five
Judges Will not lessen the confidence in
the Court. The present system has been
in use twenty-seven years without change.
Now was the time to get the supreme Court
on a frmer and better basis.
Mr. Richardson spoke at length in Ha-
waiian, which was not translated, against
the bill, arguing that 1T would increase the
expense.
His ExceIlency Mr. Dare said the ques-
ton as it now stood presented some re
markable features. One feature was the
uuanimity OF sentiment a to change
being required This Assembly referred
the bill to d select committee of five, and
three reports had been received from the
five members, all speaking of the necessity
for change. They had then practically
unanimous report that d change should
be made. The only question left
TOR discussion Was as to how that
change should be made. He
wished to reply to Mr. Dole.
In the first place, that member. in his
usual bland and atfable manner, says there
i not time to discuss this bill 1t was in
PRODUCED July 2Oth. On September It'll it
was referred 10 a special committee, of
which Mr.. Dole was Chairman. He has
held it "a month all but two days, and now
says there is not time. As to his PROPOSE
ton, he (the speaker) agreed with him
that they should make a good Supreme
Court. but ii devOlYed a delay of two years,
possibly four years, and it might be iudefi-
mite. Both the Hon. Mr. Bishop and Mr..
Dole had INDUCED in "reminiscences, and
had painted very graphically the condi-
ton of the Courts in former years. But
the Hon. Mr.. Wilder had told him (the
speaker that the Post Office at one time
was candle box; the mail bag hat, and
the shipping consisted OF idle whaIers.
while the Hawaiian flag only hoated over
this island. But things are changed now
There IS a fine Post Office with a revenue
OF 900 a year; a large feet of inter
island steamers, and the Hawaiian flag
flies on the broad Pacific on large steam
ships. The mail had increased, for where it
was at one time contained in a candle box, |
now it came in by tons. Commerce with [
the outer world had changed from
chance ship to a line of frst-class /
steamers, running regularly twice a
month The products had changed /
from a few potatoes and dried fish, until /
they were now exporting 100 900 tons sugar /
a year. Where the annual rentals OF /
lands was few fish, they now amounted !
to a few thousands of dollars The capital 4
IF the country had increased until they .
we're now rich. In those days of utter /
.ares, resulting from the absence of any
system OF judiciary, even a one-maH /
power or despotic system was better than f.
none. 1t served the purpose then, but the /
of the country had outgrown it. I
1t was not necessary for him 10 repeat the /
denied right OF appeal. because all the /
members who had spoken agreed on that /
point. Having discovered the defect, was
t the part OF wisdom to quarrel over its /
or cure it? Where there is d ucces-
,ity the remedy should be applied 1t was
admitted there was defect to be cured, /
hen let them do it. He was sorry that /
Mr.. Dole with his ability had not suggested
n his mind a remedy. Let them amend /.
his bill and make it a. perfect as possible
If the present Justices OF the Court, who
we're appointed by His Majesty the KING.
we're above reproach, then the additional
,nes, who would also be appointed by His
Majesty. would also he expected TO be
above reproach
Mr.. Richardson moved to amend the
section so as to read a Chief Justice and
hree Associates.
Mr.. Thurston moved the section be laid
Ipon the table. Lost.
The amendment by Mr. Richardson was
put and lost.
Mr.. Thur-tou moved the ayes and noes
2e taken on the motion to pass the section.
greed TO.
The first section passed on division by
he following vote:
Aye,-Gjb-on, Creighton, kauoa, Dare,
1uihelani, Bush, Kaae, Parker, Haysel-
len, Keau, Lilikalani, Baker. KauIla Kau-
ukou Pahia Kaunamano. Nahale, Ma
liuu AhoIo. Kaukau. Kauai, Palohau-22.
Noes-Bishop, Kauhi, Wight. Richard
.on. Dickey Thur-tou PaehaoIe DoIe-8.
The following sections were passed with
,ut debate:
Section , The Chief Justice of the Su-
creme Court Is the Chancellor OF the King
lom. and a. such shall possess all the
,r-z-a~- incident TO that office q. common T