The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-02-05
LEGAL DELAYS AND THEIR REMEDY.

The January term of the Supreme
Court forthis district closed Saturday
being limited by statute to four
weeks. The presiding Judge has
been diligent in dispatching the
business coming before him, sitting
late and deciding points promptly.
Owing to several causes, the princi-
pal one being that there was actually
more business on the calendar than
could be disposed of in the allotted
time, some twenty cases, some of
them of public importance, all of
them presumably of Importance to
the litlgants, are left over untried.
As there are only four regular
trial terms for this district in each
year, it follows that failure to
reach any case on the calendar for
the term is likely to involve very
serious delay and even hardship. 1t
is pertinent therefore to inquire
somewhat particularly into the
causes which have brought about
this present glut in the business of
the Supreme Court, how far the
judges themselves are responsible
for it, and what should be done to
remedy the evil.
Owing to the increase of business,
both civil and criminal, arising from
the changes which have taken place
in population and business since the
present law establishing terms of the
court was passed, the legal machin-
cry which may have been ample
then has become inadequate now.
Four terms, in this district, of
four weeks each, are not suffi-
cient for the proper transaction
of the business likely to come before
the court at trial terms in one year.
This is a matter which requires the
action of the Legislature. Relief
may be granted by that body in two
ways. Either the number of terms
may be increased, which the present
number of judges renders perfectly
practicable, or the four weeks limit
can be repealed so as to allow the
term to continue until the business
is finished.
There is another partial means
of relief which is within the
Of the court under the
present statute. The Chief JUS
tee has power to order special
terms, to overtake the arrears Of busl-
ness, when the same shall be consid-
cred necessary. This power, how
ever, has been very sparingIy ezer-
cised in the past, and we
have reason to believe is not likely |
to be made use Of in the present in
stance. We know of no good reason |
why it should not be.
There is another thing which the
Court might do, and that is to hold |
special banco terms at times when |
the trial terms are not in session. 1t
seems unnecessary, and if unne
cessary, then unfair, to take the time |
required for banco sittings out of the
limited number of days allowed for
trial terms, knowing that the latter,
even if not trenched upon in this
way, are likely to be insufficient for
5he trial of the cases on the calendar.
The above suggestions are not
made in the interest of the lawyers,
out of their clients and the wit
1esses, The lawyers do not need
our sympathy. They are supposed
o be paid for their services, and if
hey are subjected to extra trouble
md consumption of time, they can
pc depended upon to charge accord
ngly. The loss all falls upon those
who employ them. A large number
If the cases tried in Honolulu are
rom the country districts. 1t is
decided hardship that litigants and
witnesses should be subjected to the
expense of the journeys to and from
he capital, and after waiting days
and perhaps weeks, find that the
same thing has to be all gone through
With again. Courts are established
md Judges paid for the public pro
ection and the good of the people.
These considerations should be par