The Hawaiian gazette., 1893-01-03
THE JUDICIARY ACT.
FIRST NOTICE.

vides for a Supreme Court of no
less than three Judges, and sub
ordinate Courts. This provision
has been continued in nearly tn
same words in the revised Con
situations of 1854 and 1887. Act
have been passed from time Il
time creating, changing or abol
ishing various lower Courts, bur
the Supreme Court has remained
the same, excepting for a short
period when the number of Judges
was increased to five by the Act o.
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 a lack of
harmony in the system Of Courts
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 a 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 well as Its manifest |
has made appeals to the
Circuit Court in Banco" a very |
nearly unknown proceeding; yet
until the arrival of General Hart
we'll as judge of the Supreme Court
he three judges of that Court also
,at to hear jury cases! The neces-
;ity that took a Supreme Court
Judge from Honolulu part of
seven months each year, besides
he growing, business Of every jury
erm on Oahu, has crowded the
nearing of banco cases into cor
Ter, and the Court has sat when
,ver it happened to find time. This
las been no fault of the members
# the Court-they have tried to do
heir duty-but it resulted from
he inherent defects of the system.
Frequent changes in the laws
elative to the lower courts, regard
ng Jurisdiction, tenure of Office
nd other matters have also tended
o confuse and embarrass.
1t was time for a change and
he Legislature of 1887 by resolu-
ion called upon the King for a
commission to consider and report
revised system. Messrs. Hart
rel, Dole and c. W. Ashford were
ppointed and they made an adj
airable and well considered report !
} the Legislature of 1888 embody-
1g a revised Judiciary Act. The ]
commission very wisely introduced
s few changes in the well under {
God law of the present day as
20. .oo,,r,s+ay4 NTH +bo radical ] r