The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-19
Review Of Two Years Business by
the Chief Justice.
LITIGATION DECLARED TOO CHEAP.
Some Crimes the Increase, While
Others show Failing On-Less
Drunkenness Than in the Two Pre-.
ceding Years-GambIing is Growing.

quantity of interesting facts, with
extensive statistical tables. Below
will be found summary of the
most interesting information. 1t
reproduces the greater portion of
the first part of the report:
WORKING OF THE ACT TO REoRGANIzE THE
JUDICIARY DEPARTMENT.
This Act went into effect on the LIST
January, 1893. On the whole it has
worked well. The most material change
effected in the Supreme Court is the
making Of this tribunal a purely Appel
late Court. This relief from n5sj 71riaIs
and chamber Jurisdiction and the pre-
siding at Circuit Courts gives US album
dant time for study and preparation OF
casec submitted TO US for decision. Dur
ing the year 1893 we heard and decided
70 eases as against 43 decided in 1892
On the Island of Hawaii, the princi
pal change made is the opening of a new
olacs for holding the Circuit Court, at
North Kohala, and the substitution OF
Ronokaa in Hamakua for Waimea, 80
the Circnit Courts of the Third and
+ ur h Circuits are held in four places on
that is and, q. e.. HiIo, Kau, Kohala and
Hamukua, much to- the convenience Of
p&lsies, jurors and witnesses.
CIRCUIT COURT, FIRST CIRCUIT.
Owing to the great number of appeals
in criminal cases from the District Court
in Honolulu, the docket OF the Circuit
Court for this Circuit is overcrowded.
The last calendar, February Term, 1894,
had fifty cases of this character. The
trial and disposition of these cases and
thssa upon indictment exhausted 30
much of the statutory time of four weeks
of holding this Court that but two civil
cases were tried with jury. If this
condition of affairs should long continue
it would amount to denial OF justice to
iitigaDts.
i suggest two methods of relief. First,
the ma sage of an Act to allow persons
convicted of offenses In the District
Court TO waive jury on appeal In the
Circuit Courts and to allow these cases
TO be heard and determined In vacation.
Second, the enactment of a law to allow
divorce cases returnable at term to be
heard and determined in vacation.
doubt the expediency OF extending
the duration of the terms OF the Circuit
Court as a measure of relief. Four weeks
In succession is about as long time as
iurors can be held patiently to their pub
lie dutv, to the neglect of their own bus
mess affairs.
ENLARGEMENT OF JURISDICTION OF CIRCUIT
JUDGES, FIRST CIRCUIT.
Atpresent there is no method by which
q person accused of a crime committed
i'm another Circuit or VIII re he Is on an
other island than Oahu can be arrested
for examination by warrant from Homo
InIu. I think it would further the inter
ests of Justice if such jurisdiction was
conferred by law upon the Judges OF the
Circuit Court, First Circuit. The COM
mitment in such cases should De mace
to the appropriate tribunal. Snch q
jurisdiction would tend to prevent escapes
from thes. Islands where the knowledge
of the crime first came to the general
Government at the Capital.
REPEAL OF PART OF CHAPTER LvI. OF THE
LAWS OF 1892.
Pnblic attention has been frequently
called TO the disposition which Jurles
have of late seemed to manifest, to acqul
defendants upon slight and often fanciiu
grounds In my opinion one reason Iol
this (among others which L do not men
tiou) is the operation OF an ACT Oh tht
T.eoislature OF 1892 'fTo better define ant
declare the practice in trials by jury,
where the Court is forbidden to com
ment upon the character, qualty
strength, weakness or credlblllty OF an.
evidence submitted, or upon the charac
ter. attitude, appearance, motive or It
liability of any witness sworn IN III
case" Jurles without the wnoleson
assistance of the Court In conslderln
and weighing the evidence, are oite
Swsxad nv the whims and preJudlces {
some of their number, and thus eiths
disbursements or acQuittals against tu
Evidence often result Ii this part OF IL
Low should be repealed, th1nk petts
results would be reached.
LITIGATION TOO CHEAP.
The experience of several years pa
has proved, think. that htigatloh Is - -
cheap in our Courts. AT presenI -
costs paid by losing itigants is We
Su,aIl "a compared with those borne [
the State. ,,;roe
A panel of thirty-six jurors requires
daily expenditure of ST. besides 81 ea'
for the twelve sworn Tor tne,r
die. that is, $S4; and if both the ~
Waiian and foreign jurors are caiieu io y
M xed jury case, the amount "a =
daily fee would be douoie si5s anu On
tho sum of $12 is paid by h,'gants
ooh case. While costs should not
onnressiye. they should not be so nght
to encourage litigation.
LAW LIBRARY.
Owing to the decreased appropriatl
made by the last Legislature for G
library we have not ordered any n
sets Of Reports. The accessioh 81 ~ -.
av;ons sets received daring the p:
70 vars are I'll volumes, which WI
M and Text Books to the numt
Of IL added to the number OF books
library "a, mentioned in my last report
434e masses the present numoer
volumes 4577. -. cots ~
We nave purchased three sets o o.
volumes each of the Amerlc An anu n =