The Hawaiian gazette., 1894-06-15

Delegate Robertson moved 10 amend
the title Of the Article by changing
the tile to "The Judicial Depart
meut"
President Dole moved the title
should be- "The Judiciary"
Delegate ROBERTSON withdrew his
motion
/ President Dole's motion was carried.
ARTICLE so.
! Section l. The Supreme Court shall
consist uf Chief Justice and not less
I than two Associate Justices. Pro
I viied, however, that in case Of the
[ disqualification or absence of any Jus
I tice thereof, in any case pending be
[ fore the Court, his place for the trial
and determination Of said cause shall
be filed a. provided 10y law.
Councillor Emmeluth moved 10
strike out the words mot less than
| tie said there had been enough eX-
perienee in the past with the plan Of
/ increasing the number Of Associate
Justices.
Minister Smith did not think this q
wise idea. There might come time
when il would be very desirable to
have more than three Justices.
Councillor Emmeluth said that no
one knew better than the Attorney
General that since the new arrang-
meut Of the Supreme Court its work
had decreased. At any time the peo-
pie might increase the number.
Councillor McCandless aud Delegate
Ables supported Councillor Emme-
luth's amendment.
President Dole said he was willing
| the words should be stricken out.
Councillor Brown though the Arti-
Gle should pass IS in the draft.
The Attorney General said il would
take four years 10 change the Consti-
tuition. There might come = time
when il would be necessary 10 have
more Justices in less than that time.
he would be very sorry TO see the
amendment carry.
Councillor WaterhOuSe moved 10 re-
fer the Article to the Judiciary Com
mittee.
Councillor Emmeluth called atren-
ton 10 the fac that there was no ref
ereuce 10 the qualifications which
were required in q Justice. He pro-
posed 10 see them put in.
Councillor WAREHOUSES; motion was
lost.
Councillor Emmeluth's amendment
was lost.
The Section passed as in the draft.
Section > The Justices of the Su-
preme Court shall hold their offices
during good behavior, su (ject TO re-
moval upon impeachment, aud shall,
at stated times, receive for their Serv-
ices 8 compensation which shall not
be diminished during their continu-
anee in office. Provided, however,
that any Justice OF the Supreme Court
or Judge of any other Court of Rec
ord, may be removed from said office
on resolution passed by two-tnirds
of all the elective members of both
/ branches of the Legislature sitting
together, for good cause shown to the
/ satisfaction of the Executive Council.
Minister Smith moved that after the
word "office" the following sentence
! be inserted:
Judges of the Circuit Court shall
hold their offices for such terms as
shall be provided by law, subject TO
removal upon Impeachment
Councillor Brown did not think the
sentence should be inserted.
Minister Smith withdrew his amend
ment for the present.
Councillor Brown moved to strike
out the words, FOR good cause shown
TO the satisfaction OF the Executive
| Council"
Minister Smith thought this required
more consideration. The Legi>la ure
| might, in some time of excitement,
pass law removing the Supreme
| Court without proper cause, which
would be a dangerous thing.
Councillor Brown thought the Ex-
| ecutive Council was as liable to go
wrong as the Legislature, if not more
| so.
Minister Smith thought not, but If
both the Council and the Legislature
| thought best TO remove the Judiciary,
there would probably be cause.
President Dole sgreed with the At
torney- General. The Legislature has
power TO initiate proceedings against
the Judiciary. But he would make
motion to substitute for the words
Councillor Brown wished stricken out,
the words, "upOn the recon- incubation
of the Executive Cou1ciln
Delegate Robertson thought the only
proper way 70 Gust q Supreme Judge
from his seat was by Impeachment.
There is no reason for devI-ing two
ways Of removing Judge. He moved
to strike out all Of the section after
the words continuance in office" No
second.
President DOle's amendment was
passed, but was inserted after the
words, "Court of Record and the
remainder Of the section stricken out.
Delegate Ables moved to strike out
the words, Sat stated times"
Carried.
The section passed as amended.
Section 3. The Justice or Judge
against whom the legislature may be
about to proceed, shall have notice
thereof, accompanied by q copy Of the
causes alleged for his removal, at
least zen days before the day on which
the Legislature shall act thereon. He
shall be heard before the Legislature.
Passed a. in the draft.
ARTICLE 81.
The judicial power shall be divided
among the Suprrme Court, the JUS
tees thereof, aud the several infer or
.o,,. - - The paruftIia In aueh mannar