The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1894-10-04
HAWAIIAN JUDICIARY.
ITS BIRTH. EVOLUTIoS AND PRES
ENT CONDITION.
A valuable and Interesting Treatise by
AssoCiate-Justice Frear Upon
the Subject.

FOREIGN INTERFERENCE. CHANGES IN
JUDICIARY.
Under the circumstances the admin
istration of justice during the seven
years under consideration was as good
AS could reasonably be expected. |
Among the natives sense of security
prevailed such as had been unknown
before. The very first person tried for
murder under the new laws was high
chief. He was convicted by jury
of twelve chiefs and was hung. The
people felt that rank was no longer a
shield from the penalties of crime.
Foreigners also were well satisfied as
rule. The laws and the policy of the
courts were well adapted to the inter-
mixture of barbarism and civilization
then existing. But there was a class of
Foreigners who for many years had
done all they could TO embarrass the
Government, and who now concentra-
ted their assaults upon it chiefly through
the courts, challenging their jurisdlc-
ton and methods of procedure, and
resisting their process. The principal
court of Oahu. 1t was largely owing to
some of the cases that came before this
court that Lord George Paulet, upon
the representations of the British Con-
sui. Richard Charlton, made the de-
mands which brought about the pro
vlsional session of the Islands to Great
Britain in 1913, when for more than five
months all jurisdiction over foreigners
was taken from the regular courts.
After this the American Commits
sioner, George Brown, did what he
could to embarrass the court, some
times appearing as consul, and con-
Quoting himself in such way as would
render him liable to punishment for
contempt were he not the representa-
tive of a foreign nation. He was so inn
formed by our Government, and re.
uuested to appear no more IN court and
finally to leave the country. In con-
nectlon with the cases much diplomatic
| correspondence was carried on, III
which the positions taken by our Gov
eminent were generally sustained by
the American and British Govern
ments. These tribulations and this cor
respondence We're of great value il
| pointing out the need of Judges famil
lar with the common law and the needs
, to be provided for in the Act of 1917
- At first, the Governor, Mataio Kekua
naoa, who was man of great ability
;. but necessarily unlearned in the com
mon law, wrestled alone. Later he "a
in foreign cases with Or. Judd on on
r side and John Ricord ON the other. TIT
a latter had been appointed Attorney
General and was to act as coordinate
: Judge when called upon by the Gov
. ernor. In such cases he was Otter
% obliged to act both as attorney ant
l. Judge, his opinion or Instructions to tn
:, Jury as already mentioned, beinI
- written out and adopted by the Gov
" ernor as his own. This was not salts
factory, but for a time could not b.
- avoided, because of the scarcity o
II legal minds then in the country. o.
:. September 10, lS45 however, the Gov
> ernor appointed Lorrin Andrews to &C
It as his substitute in all foreign case;
Judge Andrews himself did not have a
III together a smooth time In one cas-
ID in which he rendered judgmer
against sea captain for seaman
IS wages, he was detied by the captain I
ar collect the judgment.
Execution was issued against I'll
Is captains cargo, and to enforce this IL
III police and military forces were in boa
-, ON their way out to the vessel whiC
j. was defended by the captain and ere
or with cutlass, harpoons and spade
when the plaintiff to avoid bloodsht
n withdrew his claim. By the Act
&C 1916 to Organize the Executive Depal
ments, it was provided that until q
III passage of the Act of lS41 to Organ
&C the judiciary Department, there shou
be appointed one or more judges to {
eS ut Honolulu with original jurisdictit
,l,rft, htIn Hrl
Y dollars in value and appellate jurisdi
w ton in all other cases from all the loo
:; courts of the Kingdom, and also speci
49, police justices to sit without jury
Lahaina and Honolulu Ohe centers
go foreign population and therefore
y" crime) in cases involving less than o
to hundred dollars in value. According
Lurrin Andrews was appointed, Ju
~ "A, 1876, as one of such judges or orig
Ia al and appellate jurisdiction, and aft
wards, on December of the same We;
nc W. l.. Lee was appointed as anoth'
on the two to act Jointly or severalll
Special Judges had been appointed
'ut 1874 on Hawaii and Kauai for forei
i'd cases. Thus there was provid
throughout the kingdom judicIa
M well adapted to the needs of be
ed foreigners and natives.
is FROM THE ACT TO ORGANIZE THE JUDICIA
ar TO THE PRESENT TINE, lS47-JUNE, 1884
10. We have now come to the Act of Is
vi The preceding seven years, as we hf
ed seen, were years OF rapid growth pr
are cipally by Judicial adaptation to cha
ing conditions; the period since has bC
re- one Of slower growth chiefly by statute
nd adaptation to changing conditions. T
period will be considered as a who
he although it might well be subdivided
an follows: Five years under the Act
: 1877, forty years under the Act OF Is
he and a wear and half under the Act
-tv 1892, each of these acts being a comp
~ hensive act to re-organize the judicia
he and making important changes. M
his erous other acts Of less importance hi
been passed from time to time,
2 a The Act of lS47 embodied in statute
on form the results OF the experiences
the preceding seven years.
FORMS OF ACTION. PROCEDURE.
Civil and criminal actions at law w