The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-12-28
THE JUDICIARY ACT.
FIRST NOTICE.

AC0o Iioh thACO ouuScS, anu SUI
ordinate Courts. This provision
has been continued in nearly the
same words in the revised Con-
stitutions of 1864 and 1887. Acts
have been passed frotn time to
time creating, changing or abol
ishing various lower Courts, but
the Supreme Court has remained
the same, excepting for a short
period when the number of Judges
was increased to five by the Act of
1886. They were reduced to three
by the deaths of Judges Preston
and McCully, and by the Act of
1887 so remained.
But through all other changes
the Justices of the Supreme Court
have continued to exercise the
functions and powers of nisi-prius
Judges as well as those of our APP
pellate Court, in the latter case
reviewing, as members of the full
bench, their own acts and deci-
sions. While this feature is not
peculiar to Hawaii, it has caused a
growing dissatisfaction and various
plans have been proposed as a
remedy. The Act to increase the
number of judges to five was a
rather weak attempt to remedy the
evil, for such it was generally ad-
mitted to be, but it largely added
to the cost of the single Court
without curing the defect in the
system. 1t was felt that with the
growing Importance of the indus
tries, trade and position of the
country, it became of greater i'm
portance that the Supreme Appel
late bench should be absolutely
disinterested and free from all bias
in the decision of all questions
which might come before it.
There has also been lack of
on the various islands. Oahu has
from time to time had a circuit
judge, an intermediary Court and
other systems. On the other ISL
ands there has been Circuit Court
and circuit judges with various in
dependent powers. A judge of the
Supreme Court has occupied the
bench with circuit judge for the
hearing of all jury cases. The two
have also constituted the Circuit
Court in Banco." The absurdity
of the thing, as we'll as it's manifest
weakness, has made appeals to the
Circuit Court in Banco" a very
nearly unknown proceeding; yet
until the arrival of General Hart
well as judge of the Supreme Court
the three judges of that Court also
sat to hear jury cases! The neces-
sity that took Supreme Court
judge from Honolulu part of
seven months each year, besides
the growing business of every jury
term on Oahu, has crowded the
hearing of banco cases into a cor
ner, and the Court has sat when
ever it happened to find time. This
has been no fault of the members
OF the Court-they have tried to do
their duty-but it resulted from
the inherent defects of the system.
Frequent changes in the laws
relative to the lower courts, regard
ing jurisdiction, tenure of office
and other matters have also tended
to confuse and embarrass.
It was time for a change and
the Legislature of 1887 by resolu-
ton called upon the King for a
commission to consider and report
q revised system. Messrs. Hart
well, Dole and C. w. Ashford were
appointed and they made an ad-
.nirable and well considered report |
20 the Legislature of 1888 embody-
ing a revised Judiciary Act. The
commission very wisely introduced
as few changes in the we'll under
stood law Of the present day as
was consistent with the radical
alteration made in the system of
the courts. The report has been
criticised because a system of
pleading was not set forth and be-
cause other desirable changes were
not made, but the commissioners
were wise in not introducing too
much, thereby endangering the
adoption of any of their work. The
changes made are quite radical
.nouph for one act and &C II ic