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

proposed amendment To articles - and q
of the Constitution, introduced 10y Hon. :
b Dole. have had the same under con
sideration. and respectfully submits thi-
minority report in relation to the Act re
lating to the Justices Of the Supreme Court
/ In nv opinion some means should he de-
vised TO procure the hearing OF appeals by
at least three Justices without paTticiPa-
ton in the hearing by the Justice before
whom 1t was last heard and appealed
/ from This can be done by having a
Chief Justice and three Associates, and
such a measure favor and recommend to
/ the House. In regard t. the proposed
amendments 10 article 65 and - OF the
( Constitution l recommend that tins
/ House pass the proposed amendments, as
in my opinion it will open the way for
I proposed change, in our Judiciary Depart
ment, which will make it more effective
than at present gro. +. RICHARDSoN.
Mr. HavseIden moved the report be re-
ceiyed and laid upon the table, to be con
>idered with the bill and other reports.
Agreed to-
The Secretary then read the bill and the
reports thereon.
Mr. Kaulukou moved the bill he con
sidered section by section. Agreed to.
Section L. The Supreme Court shall CON
>jst of a Chief Justice and four Associate
Justices. any of whom may hold the Court,
and when 80 held shall have and exercise
all the powers and jurisdiction committed
to said Court
Mr.. kaulukou moved the section pass.
Mr.. Thurston said he was sorry Mr..
Dole was not present as he had report
to lay before the House The question
was a delicate one. There were three
schemes before the House, and he thought
that Mr.. Dole's was the best. 1t proposed
to constitute an Appeal Court, consisting
of three Judges, and to add two other
Justices to attend to Chamber work. In
case of an appeal it would be heard before
an entirely new Court. He was decidedly
in favor of a change in the Supreme Court.
1t was not the fault of the men, but the
system. There had never been a suspicion
as To the integrity of the present Justices.
The fault was with the system. as it al
lowed Judge to sit on an appeal case he
had already heard. The amendment Of
fered by Mr.. KauIukou would not bring
about the change desired.
Mr. Dole, who entered the House while
Mr.. Thurston was speaking, then read the
following report:
Hon. } :. Walker, President Legislative
AsSembly-Sir: Your special committee
appointed TO consider a certain bill, en-
titled AN Act to provide for the appoint
ment of five Judges for the Supreme
Court introduced by Hon. J. L. kaulu
kou. respectfully report a. follows: The
bill in question is imperfect, in enacting
radical change in our Judicial system
without furnishing the provisions for
making such a change effective, and ii
passed, would result in the residence upon
the other islands OF two sets of Judges,
to-wit: Judges OF the Supreme Court and
Circuit Judges of different rank and
powers, and yet with equal jurisdiction in
matters appertaining to writs of habeas
corpus. dover. partition of real estate, af-
fiiation OF bastards, adoption of children,
and 10 probate OF wills and appointment
and discharge OF administrators and guar
dians This state Of things, your commit /
tee think, would result in confusion and /
conflict of authority, and offers no public /
benefit to overbalance the Inconvenience.
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VI Z ',ie present ~
@lt'''iS
Your committee feel that this deiect Is
serious one, and must be removed as early
as possible, but they are OF opinion that a
general revision OF the statutes r,Iatlng to
the Judiciary l. necessary and desirable to
this end.
Your committee favor the plan sug-
re,ted bv the honorable member from
Ifllue and Koloa. to-wit that the iuris-
Iictiop of the Circuit Judges be increased
IN CORRESPOND with the present Jurisdiction
If the Judges of the Supreme Court in
Chamber, and Jury trials: that two Circuit
Justice, he appointed for the island of
),bu that the Sunreme Court be de-
,rived of original Jurisdiction and retain
,nIv arpellate Jurisdiction i'm bancn and
that its present formation Of three Jus
-ices be continued permanently: and to
this end We recommend the passage OF the