The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-10-05
HAWAIIAN JUDICIARY,
Irs BIRTH. ENoLUTIoN AND PRES.
ENr CONDIrION.

THE SUPREME COURT.

OF lSl7 and abolished in 1882, its name
beng transferred to what had since 1917
been known AS the Superior Court OF
Law and Equity, but which was in
reality if not in name already the
Supreme Court. Both these courts SAT
only at Honolulu, Lahaina having fallen
out OF the race for supremacy.
The Superior Court OF Law and
Equity was the outgrowth of the court
OF original and appellate jurisdiction
already established, consisting OF Judges
Lee and Andrews. 1t was now to con-
sist OF Chief Justice Uee) and two
associate Justices Andrews and John
Lii, with appellate jurisdiction in the
less important cases from the lower
courts and original jurisdiction in most
other cases. The court held four terms
a year, the three judges sitting together .
even in jury cases. When this became |
the supreme Court in 1852, any one OF |
the Justices might hold the court, sub |
ject to exceptions to the court IN bdHcO. |
They continued to sit, however, until |
1869 when, without further statutory
authority, the practice was given up on |
account OF its Inconvenience. They sat |
the court IN bdHcO but their respective |
powers were not the same, those Of the |
Chief Justice being greater than those
the others, and those OF the first associate
than those OF the second. They also |
went singly to the different circuits to
hold court with the Circuit Judges.
There was great lack of men learned
in the law available as Judges. !
Hence the distinction between the |
powers OF the several justices, and |
The necessity of their going circuit, and +.
IF their sitting together on appeals /
from their own individual decisions |
in order that the available talent might |
he made to go as far as possible. The |
Orunt of the work fell upon Chief JUS |
tiCe Lee, "A man of rare qualities and |
abilities honOred and respected by ali |
But as the supply of suitable men
available as Judges gradually increased, |
aud as growing business demanded, and |
growing wealth could afford it, greater
judicial powers were conferred upon |
the associate justices until now there |
remains no distinction in the strictly
judicial powers and duties of the Chief
Justice and the two Associate Justices;
also. in order to lesson the influence
which a justice would have when sitting
with the other justices on appeal from !
his own decision at chambers, or on eX-
ceptiOns from his own rulings at the |
Circuit or Supreme Court, their number
was increased to five I'm 1856. The re-
suits. however, We're thought not to
Justify the expense and the number
was again reduced to three lin 1889.
But in 1892 all original jurisdiction
Except as to the issuance OF certain
writs) was transferred from the Supreme
Court to the Circuit Courts. the former
remaining almost purely an appellate
court-On questions of law from the .
District and Circuit Courts, on questions |
of law and fact from the Circuit Judges !
in chambers At the same time provis- |
ion was made for supplying the place of |
"A disqualified or absent Justice of the |
Supreme Court at any particular case,
10y Circuit Judge or "A member of the |
bar.
THE CIRCUIT COURTS.
The Circuit Courts, under the Act of |
lS47, took the place to some extent of
the former Island or Governors Courts.
In each circuit there were to be two
Judges, afterward increased to three on
Maui $3.50 and Hawaii Qsjl) and in all
circuits not to exceed three lS59) and
finally 1892 reduced to one, except on
Oahu, where there are two. Each Cir
cult Court held one term a year NOV
increased to two on Maui, Kauai and
each of the two circuits ON Hawaii, and
four on Oahu, and was to consist of
Justice of the Superior Court Supreme
Court after 1852 sitting with one or
more Circuit Judges. Now that the
Supreme Court is only an appellate
court, the Circuit Judges sit alone. The
4
in cases appealed from the lower courts
and original jurisdiction in most other
cases. The Circuit Judges in chambers
had appellate jurisdiction from the
lower courts in native cases, and some
original jurisdiction, except in foreign
cases. at Honolulu.
The criminal jurisdiction of the Cir
cult Courts, and the jurisdiction of the
Circuit Judges for the purposes of
arrest, examination and commitment,
has now $3.50 been made co-extensive
with the group, instead of being CON
fined as before to the respective circuits
CIRCUIT COURT ON OAHU.
On Oahu the Circuit Court and Office
of Circuit Judge were abolished because
of their uselessness and needless eX-
pense, so long as the Supreme Court and
| its Justices had original jurisdiction on
| this island. This was done gradually,
| however. In 1859 all the original cham.
| Der jurisdiction of the Circuit Judge
was transferred to the Justices of the
| Supreme Court. and in 1864 all jurisdic.
| ton of the Circuit Court, as dis
/ tinguished from the Circuit Judge, was
| likewise transferred to the Supreme
| Court, thus leaving to the Circuit Judge
only appellate jurisdiction in chambers
J While so sitting his court was known
as the Intermediary Court; that is, in
| termedlary between the District Courts
and the Supreme Court. This jurdic-
/ ton also was finally in 1874 transferred
| to the Justices of the Supreme Court
| sitting singly IN chambers. The Court
| thus held 10y a Justice was also called
| the Intermediary Court, though with.
out authority of law. To hear such
| appeals "A Justice was required to make
| the circuit of the island four times a
year, but in 1876 this was made OPP
tional with the Justices, to obviate the
necessity of going when there were no
cases to be heard In 1892, when the
Supreme Court became only am appel
late court, the Circuit Court of Oahu
was re-established,
SPECIAL COURT OF PROBATE AND DI-
vORCE.
Before leaving our subject we should
touch upon two special courts which
have been established owing to special
circumstances, though with jurisdiction
in cases which are ordinarily heard by