The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-07-11
Afternoon Session.

The House re-assembled at l 80.
Second reading of bill No. Is, an Act
to Repeal Chapter &c, Session Laws OF
1888.
The Secretary read the bill.
Rep. Waipuilani stated that he intro
duced bill and found that the bill con-
tains some mistakes and omissions, and
therefore favored reference to Judiciary
Committee.
Noble Widemann-B Bill is exceedingly
simple, and | would like to know what
the mistakes are.
Rep. Rosa-The bill ought to 60 to the
Judiciary Committee because a statute
cannot be re-enacted by its title only.
The whole act must be recited if re-
pealed act is to be revived, and the Su-
preme Court has SO decided. Either this
bill must be withdrawn or it must go to
the Judiciary Committee to have sub
stitute bill prepared.
Rep. Brown-Object of bill is to in
crease the number of Judges to five
again. The Legislature of 1888 provided
that no vacancy should be filled as long
as there were three judges. Five judges
are unnecessary, and the two extra ones
will simply be needless expense. That
has been proved by experience. When
there were five, for weeks together a
Judge would have nothing to do. There
are now four justices and they are not
overworked. The Constitution makes
their tenure for life, and we cannot legis-
late them out of office. | move the in
definite postponement of the bill.
Rep. Rosa The law was passed be-
cause attorneys did not get justice, and
with five judges they got more. In no
country except this and New Zealand
does the Judge who sat below sit on the
appeal. 1t is hard fight to take an APP
peal, and many cannot afford it. There
is always plenty to do up there. Ii they
have nothing else to do they can read
law. The Judge who sat below, sitting
in bapco acts as an advocate as well as a
Judge. 1t is uphill work to fight an APP
peal. The judges are thinking of intro
ducing law to enable two judges to sit
at once, hearing jury cases-one foreign,
one native. This will enable the Court
to catch up with the calendar, which
they have not been able to do for the
last two years. No complaint whatever
has arisen as TO the cost among the mer.
chants of this city. | think it is good
bill and that the money will be well
spent. | therefore urge reference to a
committee to devise substitute bill.
Noble Widemann-I am in favor for
myself of five judges My distinguished
friend A. S. Hartwell devised this
scheme. Some opposed and some
| favored it Unfortunately it was left tc
the Gibson Cabinet to carry out, and that
created sentimental reason against it
| think it should be absolutely forbidden
for a i,Idpe who sat below to sit in the
case above unless necessary.
Minister Peterson-I move this bill be
referred to a select committee OF five. The
bill is not in condition to pass as it is
In the first place there is some question
whether title expresses all that is in the
bill. In the second place there is no ex
| press re-enactment here. The opium
| law of 1881 read that Chapter is hereby
repealed and laws thereby repealed are
hereby re-enacted, and the Supreme
Court decided THAT was not good. 1t il
not with regard to repeating of law but
| the re-enacting. think the Judiciary