The Hawaiian gazette., 1890-07-15

The House re-assembled at 80.
Second reading of bill No. 16, an Act
1888.
: The Secretary read the bill.
Rep. Waipulani stated that he intro
duced bill and found that the bill con-
talns some mistakes and omissions, and
therefore favored reference to Judiciary
Committee.
Noble Widemann- Bill is exceedingly
simple, and l 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bill must be withdrawn or it must go to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
overworBed. The Constitution makes
their tenure for life, and we cannot legis-
late them out of office. l 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 ap-
peal and many cannot afford it. There |
is always plenty to do up there. If they
have nothing else to do they can read
law. The judge who sat below, sitting
in baDco acts as an advocate as well as
judge. 1t is uphill work to fight an ap-
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. l think it is good
bill and that the money will be we'll
spent. l 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 HartwellT devised this
scheme. Some opposed and some
favored it. Unfortunately it was left to
the Gibson Cabinet to carry out, and that
created sentimental reason against it :
think it should be absolutely forbidden
Tor judge 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
Dill 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
Dill. In the second place there is no ex-
press re-enactment here. The opium
aw of 1881 read that Chapter is hereby ,
epealed and laws thereby repealed are !
hereby re-enacted, and the. Supreme
court decided that was not good 1t is
lot with regard to repeating of law but
he re-enacting. l think the Judiciary
Committee have enough to do, and this :
8 so important that it should be carefully
onsidered. The judiciary bill reported
asst Legislature is in one way or another
'efore this House, and that must be
arefully considered before we act on
his. N
Rep. Kapaehaole- Am not in favor of !
he bill. 1t will involve a useless ex-
ense. There is no need OF five judges.
favor indefinite postponement.
Rep. Kahookano-Am in favor of ref
renee to select committee. The mat
sr OF expense is nothing in comparison F
18th the importance OF getting Justice
nd preventing judge from sitting in a
ase in which he has already rendered
n opinion.
Rep. Kauhi-Any member who was
! the Legislature OF 1886 knows what =
ne cause OF the increase in number of |
ldges was. The Government was cor IT
lpt and wanted its acts legalized by the i
upreme Court. 1t was not because the
ourt was overworked or of the failure of
lstice, but because the Cabinet wanted
,me friends in the Supreme Court.
here is no need of that now, and SO r
m in favor OF the indefinite postpone -
lent OF the bill. move previous ques-
on. Calls of question:
Rep. Rosa-I submit this is improper.
topping debate is not right. A.
The previous question was carried. =, ~
Rep. Waipuilani, as introducer of the
III, had right to answer and wished to =
We his place to the member from Waia- on
"a. an
Rep: Brownie has the right SO to do
nder Rule 56
Rep. WaipuiIani- Am in favor of ref +,