The Hawaiian gazette., 1888-11-06
In the Supreme Cour: or the Ea-
waiia1 Isla1ds-In Ba1oo, oe-
tober Term. 1883
TER KINa IS. kAHrI.E-

EE 4AANG - AAAalAa2aG@
kErcER sUnD C. y. McVTxy :. PRESTON J.
EEcSsKV1S =. TsoLE :.
0giRioE q s1s CoErt pr Js56. c. :.
The Attorney-General moves Il
ouzsh the srrSy or panel of Jurors
for the term on the ground that the
Act spproved on the 26th dsy az An,
gust, 1885, devoived the duty al
selecting tie list Of fifty persons "a
serve S. Jurors. snd from which the
panel Is drawn tthere;ofore per
formed hy the Governor IN concert
with 8 Judge Of Court OF Recoril
upon the Chief Clerk Of the SUI
preme Court. The Clerk Of the
Supreme Court was absent from the
Kingdom on the Sth September LAST.
the dsse when the list was. hy law.
10 be made M. and this work was
done by the Deputy Clerk, who
signed himself Henry Smith. De
putty Clerk, setting Chief Clerk IN the
absence OF William Foster. ESQ"
The Act ot - August, 1854.
(Chspter NLII. az the Session Laws
Of that xearl. enacted thst the De
putty Clerk snd the second Deputy
CLERK shall have all other powers
sni duties pertaining 10 the Office Of
the Clerk q she Snpreme Court OF
necessary for the transaction az the
business Of sid Court subject te
the direction q the Clerk az the Su
p7ene Court Snd the approval q the
Justices thereof Under this stat
ute the two Deputy Clerks cSn per
form sny duty which the lsw imposes
upon the Clerk. co1cUrently with
the Clerk. But the act Of 1855. N
distinguishing the Clerk who i -
perform the duty a selecting the Isl
.: Jurors IS the Chief Clerk Indicates
thSi the Legislature did Dot intend
thzr tins function should he executed
by the other clerks concGrTeltly
with the Clerk This being inooR-
slS1eut with The Act u 1SS4. : s re
pezl q il 10 this extent But the
Civil Code. Section So, p7sScrlbes
itst II casa II the sbse0oe OF desth
Of the Clerk. his deputy shall SCI IS
Clerk. exc Il wSS no. necessary u
re elScl this provision q law II the
Act q 1883 for II Eas not repealed
by the Act Of 1SS4. although i waS
rls6e unnecessary. for i the deputies
czn perform any duty which deyolves
upon the Clerk. when lie i present.
they czn perform these duties when
he : shSelt-
But although the use q he title,
Chief Clerk" indicates fhsi lie ari
not his deputies i . pe-to-l2 this
particular duty when S clerk i il
commission and present tOE duty. II
Is TOO violent 81 assumption 70 say
thSt the Legislature did not hSve II
view the very necessary statute Of
long standing. which contemplated
the p-obSbls contingencies Of 6eSth
O. sbse7oe Of this important otScez,
and provided for them BY designzt
ing the person by whom these duties
could by performed If such oonun-
Eeaelss should zrise-
II the Legislature Intended that
o1ly the Geek Ot the SGp-ele CoS-rt
znd ID: the Dep1ty Clerks IN case
q his 6eS.a. O stsse1ce, iron Whist
eve- ez1se. could legally discharge
she 6uFy a preparing TIE list q
Jurors Il could hare expressed this
u words s6nls.11E u 70
6o1bs- But Il hiss LOT done -.
NJ S.z-19a o-baE than that u 1855
-x-as The Clerks the Chief Clerk
This s1ssase. hoEeTa-, does, aid Ne
Kre bound 10 give effect u every
~0-i OF s statute i i ! possible -
TO d. We gre t1-ce and effect 10
tie Eogi Chief by The in1a-p-e.z-
ton Tins PM upon Il
Tie Isl q .z-1-s lD1s- oaos-1a-s-
tloa having been prepared by the
DAsFzEy Cls-k- n The sbse-cs u Tie
Clerk N concert With E justice a 3
Co1r u Record i L zoo1-5ng Il
-sE a1i
The Zuloo : ove-lle3-
Arso-rey General Ashford to- The
CroE1s Nsss-s- Hz-eEe--- Smith and
Brow ger aaz7nz-
Eg-ol-I-. Cs-4 :. ISIS