The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-21
Reorganization Of Judiciary.

Following is the report of the Judiciary
Committee, presented and adopted in the
House, on Wednesday;
Hon. w. R. Castle, President of the Legis-
lature:
The Judiciary Committee TO whom were
referred the report OF the Judiciary Com
mission and the bill entitled An Act to
Reorganize the Judiciary Department,
beg leave to report that we have given
earnest consideration to the same.
In order TO obtain the opinions OF the
members of the legal profession upon the
provisions of the bill, the committee BY
appointment met the Justices OF the Su-
preme Court, and subsequently a number
of the attorneys of this city and discussed
the proposed measures
The bill contemplateS q complete reor-
ganization of the Judiciary Department OF
the Kingdom, and involves changes so
radical that We have heSitated in arriving
IT our conclusion upon the subject.
The members of the committee and the
great majority of the practitioners before
the bar of the Supreme Court are OF
opinion that change is needed IN the
Judicial system of the Kingdom; the chief
reasons for which are ably expressed in
the report of the Commission.
The main features OF the system pro-
posed by the bill meet our hearty approval,
more particularly the proposition to estab-
liSh distinctively appellate court, and
we wish very much that, with slight modi-
fcsuons, they might be adopted at once.
But, for the reason we give below, We
recommend that the bill and report DE laid
upon the table To be considered at the next
regular session of the Legislature.
The reason which influences us the most
in advising that action be deferred, is, that
due consideration and discussion of the
bill in the House will require great deal
of time and thought, and We do not deem
it advisable to urge that the required time
be devoted 10 il now. liz is not measure
which can with safety be hurried through.
The gravity OF the matter will render 1t
imperative that careful deliberation be be-
slowed upon each branch OF the subject.
The present session has been laboriOus,
and already prolonged beyond the time
contemplated at its commencement; many
important measures have been dealt with,
and some still remain to be considered. To
attempt the reorganization OF the whole
judicial system at this late period is in our
Judgment injudicious. Had the report Of
the Commission been presented earlier the
bill might have taken the time which has
been occupied by some less important
matters.
With view, however, to preparing the
way for the proposed system. and to
remedy condition which is uncalled for,
We submit herewith a bill providing that
no vacancies which may occur in the offices
of the Justices of the Supreme Court be
filled so as to increase the number OF
Justices above three; and recommend that
it be enacted.
There is not sufficient work for five
Justices of the Supreme Court under the
existing system, and should vacancies
occur and the number be reduced to four
or three, the adoption of the system pro-
posed by the Commission would be facil-
itated
Before closing our report we desire to
express our appreciation of the work done
bv the Commission 1t is work which has
required ability, experience and much
time. Respectfully submitted,
CECIL Brown,
w. D. SMITH,
JOIN RICHARDSON,
D. II. HITCHCOCK.
Honolulu, August, 1888.