The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-15

To the fifth prayer this committee say,
that this Convention has no jurisdiction
over the subject matter therein set fozth,
and that the same Is foreign to the sur
poses for which it is convened.
This committee therefore respectfully
recommend that the petition be lAia on
the table.
Honolulu, June Ia, 1894.
(Signed) w o SMITH.
III. WATkRHousE,
j. K. IosEPA.
Collegiate Hitchcock, the fifth mem
ber of the committee, is absent.)
The report was adopted.
At 10 :35 the Convention went into
Committee of the Whole. Delegate
Morgan were asked to take the chair,
but refused. Vice President Wilder
took the chair.
DIVISION OF THE JUDICIARY.
ARTICLE 20.
The judicial power of the Rep4lblio
shall be vested in one Supreme Court,
aud in such inferior courts as the
Legislature may, from time to time,
establish.
Passed as in the draft.
Delegate Robertson moved to amend
the title of the Article by changing
the title to ''The Judicial Depart
ment.n
President Dole moved the title
should be ''The Judiciary
+ Delegate Robe rtson withdrew his
motion.
President Dole's motion was carried.
ARTICLE so.
Section l. The Supreme Court shall
consist of a Chief Justice and not less
than two Associate Justices. Pro-
vided, however, that in case of the
disqualification or absence of any Jus
.tice thereof, in any case pending be-
fore the Court, his place for the trial
and determination of said cause shall
be filled as provided by law.
Councillor Emmeluth moved To
strike out the words ''not less than."
He said there had been enough ex-
perience in the past with the plan of
increasing the number of Associate
Justices.
Minister Smith did not think this &
wise idea. There might come time
when it 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-
ment of the Supreme Court its work
had decreased. At any time the peo-
pie might increase the number.
Councillor McCandless and Delegate
Ables supported Councillor Emme-
luth's amendment.
President Dole said he was willing
the words should be stricken out
Councillor Brown thought the Arti-
Gle should pass as in the draft.
no nj
take four years to change the Consti-
tuition. There might come a time
when it would be necessary TO have
more Justices in less than that time.
He would be very sorry to see the
amendment carry.
Councillor Waterhouse moved TO re-
fer the Article to the Judiciary Com
mittee.
Councillor Emmeluth called atten-
tion to the fact that there was no ref
erence to the qualifications which
were required in Justice. He pro-
posed TO see them put in.
Councillor Warehouses; motion was
lost.
Councillor Emmeluth's amendment
was lost.
The Section passed as in the draft.
Section 2. The Justices of the Su-
preme Court shall hold their Offices
during good behavior, su 5ject To re-
movai upon impeachment, and shall,
at stated times, receive for their serv-
jces q compensation which shall not
he diminished during their continu-
ance in Office. Provided, however.
LnaG any Justice of the Supreme Court
or "a Judge of any other Court of Rec
ord, may be removed from said Office
on a resolution passed by two thirds
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" tile following sentence
be inserted:
"Judges of the Circuit Court shall
hold their offices for such terms as
shall be provided by law, subject 10
removal upon mpeachment."
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.n
Minister Smith thought this required
more consideration. The I.egisia ure
might, In some time of excitement,
pass law removing the Supreme
Court without proper cause, which
would be 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 IL
both the Council and the Legislature
thought best to remove the Judiciary,
there would probably be cause.
President Dole agreed with tho A.
torney General. The Legislature has
power TO initiate proceedings against
the Judiciary. But he would make a
motion TO substitute for the words
Councillor Brown wished stricken out.
the words, "upon the recommendation
of the Executive Council -
Delegale Robertson Ihonvhf fha nnIu