The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-01-04
BIRTH OF A COURT.
Induction of the First and Second
Circuit Judges of Oahu.

Judges w. A. Whiting and w. f.
Frear, of the Circuit Court of Oahu
created under the Act of the present
Legislature to Reorganize the Judi
ciary, were formally inducted before
the Supreme Court and the Bar this
morning. At 10 o'clock Chief JUS
tice Judd and Associate Justices
Bickerton and Dole entered the up
stairs courtroom, accompanied by |
Judges of tho Circuit Court. The
Supreme Justices took the three
middle seats on the bench, while
Judge Whiting sat on their right and
Judge Frear on their left.
The following members of the
Bar attended the induction: A. S.
Hartwcll, Paul Neumann, w. r.
Castle, f. NJ. Hatch, A. Rosa, w. G. |
Achi, Chas. Creighton, John Rich
ardson, j. M. Monsarrat, W. Horace
Wright, w. G. Parke, Arthur M.
Brown, f. #. Ward, Enoch johnson,
j. X. Kahookano, l.. A. Thurston,
c. l.. Carter, j. NJ. Kaneakua, A. 2.
Peterson, j. X. Kaulia, A. G. Correa,
A. X. Paele and Robert Makahalupa
(Police Magistrate of Ewa).
Chief Justice Judd said that, as
before announced officially, commits
sions had been issued to Mr.. w.
Austin Whiting and Mr.. w. F.
Frear as Judges of the Circuit Court
of Oahu, under the Act to Reorgan-
ize the Judiciary Department. At
this beginning of new year he
would congratulate the members of
the bar on these appointments.
Those gentlemen had had the bene-
fits of a liberal education-Mr.
Whiting from old Harvard Univer-
sity, and Mr.. Frear from it's peer,
Yale. 1t was great advantage to
have judges who were well trained
in the law. He presumed that at
the beginning of work under the
new Act points on procedure would
not be too freely raised. In taking
leave of nisi prius jurisdiction he
must say he felt some regret. A nisi
prius Judge was in touch with the
people. He had found benefit per-
sonally from going on circuit 1t en-
abled a Judge to perceive the Gus
toms of the people, their conditions
of living, etc. The new Act was a
long one and he had no doubt it
would require judicial construc-
tions. In reference to the method
of taking an appeal he was not
satisfied with it. He had not
been in sympathy with some
technicalities of the Act. The
method of taking an appeal should
be so plain that he who runs may
read. Possibly the rules to be made
by Their Honors the Circuit Judges
would simplify matters. In conclu-
sion he trusted that the Circuit
Judges would fill their positions
with ability, setting good example
in procedure to the Judges of other
Circuits. Judges trained as they
had been at the capital, where the
principal judicial business was con
centrated, had more advantages
than those in the country districts.
Justice Dole, Second Associate of
the Supreme Court, remarked that
this was a very pleasant occasion for
him, as he had been long interested
in judicial reforIn. in 1882 he wrote
an article in LEGAL paper favoring
an increase in thG number of judges
as a means of remedying palpable de-
fects in the system. The general
opinion of the bar was that the ap-
pellate system was defective in that
Judge often sat twice on the same
case in appeal. 1t was found on trial
that the increase of judges did not
o remedy the evil except slightly,
g He had come to the conclusion that
: a thorough reorganization of the
judici"-y department was necessary,
Now that they were about begin
e ming work on the reformed basis he
: congratulated the members of the
! would be inevitable, yet before long
: the working would be smooth and
: acceptable, not only to tho Bar but
e to litigants. All the niSi t.rius work
j. on this island, as we'll as that OF an
d intermediate appellate court, would
: fall to the Circuit Court of Oahu
V and the gentlemen who had received
d the appointments toits Bench would
have their confidence.
! Justice Bickerton, First Associate
r of the Supreme Court, said it haC
n not been his intention to speak
e thinking the Chief Justice woulG
l. speak for the Court, and he desired
n to give the gentlemen of the Bar az
J, much time as possible. When thi.
d bill was introduced he was opposed
# to it. He did not think the coun
try was quite ready for it. Il
e was his opinion then that a Su
@ preme Bench of five judges would
: be sufficient to overcome objec
If tions to the system. There would
If then generally be four judges who
1t had not heard particular case be
It fore its final hearing. As time wen
If on and amendments were made tt
d the bill, he came to the belief tha
IF the time had come for the change
j. and still believing SO he congratu
a lated them on the change. Thi
,r bill abolished what he had always re
q garded as waster of time--tha
> is, the Intermediary Court of Oahu
l. 1t gave power also to waive a jury
Y 1t obviated difficulty where ON,
o Judge was disqualified from sittins
on an appeal. Even when ther
d were five judges this sometimes hap
e pened and the remaining four stoo(