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

Kingdom and in all equity suits, with the
power of sitting with their colleagues on
! appeal and casting a vote on the question
whether their own decisions shall be SuS-
tanned or not. | say, therefore, that some
| OF the Judges who are alarmed at the
powers exercised by the Cabinet should
also feel as much alarm at the powers
granted 10 themselves, exceeding as they
do the powers of the Judiciary of any other
constitutional government that we know
of. We should go slow before casting aside
a bill which seeks to check the power OF the
Court to exercise Il censorship over the
press as to matters occurring within the
judiciary department. The fact is that the
power of the Supreme Court in its depart
ment is almost as absolute under the Con-
stitution and laws as the King
was in his department until the
new Constitution was promulgated.
As long as We had Kings who were
content to reign and not rule we supposed
we were a constitutional Government, and
it was not until we had King who started
in TO exercise all the powers that he had
under the Constitution, that we woke up,
and upon examination found that under
the Constitution he was practically an
autocrat, and the reason that we had got
along with other Kings well enough was
not due to any checks under the ConStitu-
ton but to their own Self-reStraint. So too
with the Supreme Court under the COnsti-
tuition and the laws, the fact that the cOun-
try has got along all right with the Judi
ciary that it has had is not due to any
check and control under the Constitution
and laws, but to the conservatism and self
restraint of the men that thus far have
constituted the Supreme Court. But, Mr..
President, the past few years have marked
q oh in hat VI no 10
always bound sooner or later to lead to ex-
cess, and we now see an aggressive spirit in
the Court that, not content with its present
excessive powers, would take up and eXeI-
else new powers that thus far they have
wisely let alone. Under the leadership of
Judge Preston. | say, the Supreme Court
has by q series of decisions practically
muzzled the press upon matters arising in
the Judiciary department, for il is not only
what they have actually decided but the
uncertainty as to what they will decide
and how far they will go, that reduces pub
lie newspaper men TO personal lackeyS of
the Court, so far as Judicial proceedings
are concerned. And we see the spectacle
OF the editor OF newspaper going privately
to the Chief Justice OF this Kingdom and
asking him if he could publish to us, the
citizens, certain article inveighing against
the introduction OF certain Chinese women
llIO luis hllSuOH lOI puIpO Vi pTOStl-
tution-the procurer OF these women being
UP for perjury. The Judge being one to
whom such practices are especially Often
sive, gave his permission that the public
should have the benefit of the article, but
later on had to find the editor guilty at the
instance of the proCurer's attorney, of con-
tempt within the rule they themselves
had set up for articles less calculated TO
enlist their sympathies.
There are other reasons why l believe
that this power of constructive cOntemptiS
"a dangerous one to place in the bands OF
the Judges. Some of the Judges with all
the powers that they have under the Con-
Stitution do not seem to be able to confne
themselves to their duties as Judges. Their
views and comments on legislation and
politics are too frequently heard. | be-
lieve the day is not very far distant when
the political issues will cease to be with the
King and waning palace party and that
serious differences Will arise between the
people at large and the Supreme Court il
self We thought it sufficiently important
to demand of the King last June that he
enter into covenant with his people,
not thereafter to attempt to influence legis-
lation or legislators. A similar undertake
ing by some of the Judges it seems to me,
would now be in order, and | hope the daV
IS not far distant when any Judge detected
in using his influence, however justly he
may think, for or against legislation Tex
cept by open message TO the House or be
fore its committees) will Ge impeached for
doing so. / charge that Judge Preston
has expressed views beforehand upon
matters in litigation before HIM or the
Court and on matters not actually before
the Court, when it was his duty as Judge
to keep silent. If he thinks | am doing
him an injustice, he certainly has the right
to demand a legislative investigation. 1t
is these facts, /. e., the large powers now
given to the Judges and their encroach
ment into outside matters upon which ii is !
but just to the whole community that they
should keep themselves absolutely uncOm-
mitted and as far as possible impartial that
lead me to vote that the press shall be al |
lowed in a reasonable and fair way to lay
before the public what actually transpires |
from day to day in all the Courts of the |
Kingdom, subject to the present restraints |
of an action civil and criminal, against any
editor who misrepresents or partially re-
ports the same. The Judges will have full |
power to protect themselves against all |
actual contempts; but in addition to this !
to allow them to embark into the uncer-
tain region of constructive contempts has |
already resulted in giving them an i'm |
munity from all public criticism that is |
not healthy either for the Court or the |
country at large.
Noble Dole moved the ayes and noes be |
taken on the passage of the bill. Carried. |
Rep. Nahaleka was in favor of the indef- |
mite postponement of this bill. He had |
heard no reasons advanced by those in |
favor of it, why the newspapers should be
allowed to publish cases before the Courts
with any comments they might please to
make on them. There is no harm in max
inc them wait until after the decision *
given for the report of the proceedings.
Rep. c. Brown said when the bill was
he was in favor of it, but he
had changed his mind since. As he un-
derstood the bill all papers filed in
suit may be published to the prejudice
Of the rights of clients.
AT 1926 the House took recess.