The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-08-12
JUDICIAL REFORM.

report of the Royal Commission to
the Legislature of 1888. That re
port is an elaborate document, Civ
ing strong reasons in clear man
ner for radical change in the
structure of the Supreme Court.
The Commission consisted of San
ford b. Dole, Alfred S. Hartwell, and
Clarence w. Ashford. 1t submitted,
attached to its report, a bill to bring |
about the objects recommended.
The bill has been laid over for two |
sessions, as if our legislators shrank |
from dealing with subject of such
magnitude and far-reaching impor-
tance. 1t is really matter in which
haste would not be seemly. There
should be undisputed evidence that
the proposed change was acceptable
to both the bar and the public. As
to the legal fraternity, not member
has opposed the measure in the four
wears ii has been eXtant. The ques
ton has been discussed in general
way on election campaign platforms
and somewhat exhaustively in the
press, without creating or evoliing
any sentiment, so far as public utter
ance is concerned, other than that
the present system has grave defects
calling for early remedy.
The main proposal in the drafted
Judiciary Act is to transform the
Supreme Court, as it stands to-day
with three Justices, into strictly
appellate court The Justices would
not preside at jury terms, but ex-
ercise generally their present func-
tions when sitting in banco 1t will
of course have it's present powers,
also, of experimenting courts of in
ferior jurisdiction, of passing on the
constitutionality of Acts of the
Legislature, etc. The desirability
of having court of final review,
composed of Justices who have none
of them previously tried any of the
matters coming before them on ap-
peal, has been so fully set forth by
the Commission and again by Judge
Dole that it needs not to be enlarged
on here. 1t is the want of such a
court that has been the central cause
of complaint in the agitation for
judicial reform.
Other changes of Importance are
a thorough reorganization of the
Circuit Court system and the enact
ment of the English common law.
There will be an additional Circuit
established, being for the island OF
Oahu. For this Circuit two Justices
are provided; for each of the Other
four Circuits, one. Circuit Justices
shall reside in the Districts in which
they respectively hold their courts
They will have all the ordinary
powers of judges of the Supreme
Court as at present constituted
holding jury terms and hearings al
chambers, etc. Their salaries vii
be three thousand dollars a year, anC
their tenure of Office during gooC
behavior. The enactment of the
English common law, as modified
by our own statutes, will remove al
anomalous condition that has Ions
been matter of dissatisfaction
One could never tell when or wher,
the common law was going to strike
Sometimes it was everything, again
it was nothing, according as th
Judges discretion directed. AS j
} was never employed point blanl
where Hawaiian law met the case
| while proving of great utilit.
l where Hawaiian law was deficient
5 and as its enactment does not put
, above Hawaiian law, the common
5 law might just as well be enacted
:, when the bar and litigants woul'
t know where they stood always.
g For the minor details of the bill
9 they, like the major provisions, seer
n to have been carefully considere'
Il and drawn. 1t is bill that it woul
y be dangerous to tinker indiscrim
II nately according to the furtiv
j. notions of legislators. We have
l. suggestion to make in this rt
e gard. Give members the printe
o bill week to ponder over wit
l. minds free from bias. Then give
IS day for discussion without givin
IF fnality to motions to amend, bl
'r noting down all objections and SUI
gestions that are sustained on vot
to be referred with the bill for OF
week to the Judiciary Committt
lie for revision. AT the lapse of I'll
le time decide the fate of the bil
le whether amended or not, as
of whole This may not be all regula
r but the bill had better be kille
At than mangled by an impatiel