The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-06-19


Justice contains as usual a large
quantity of interesting facts, with
extensive statistical tables. Below
will be found a 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, 1898. 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 nist prius
and chamber Jurisdiction and the pre-
siding at Circuit Courts gives US abuu-
dant time for study and preparation of
cases submitted TO US for decision. Dur
| ing the year 1893 we heard and decided
70 cases as against 43 decided in 1892
On the Island Of Hawaii, the princi-
pal change made is the opening of new
| place for holding the Circuit Court, at
North KOhala, and the substitution OF
Honosaa in Hamakua for Waimea, so
| the Circuit Courts Of the Third and
| Fourth Circuits are held in four places on
that is and, I. e., Hilo, Kau, Kohala and
Hamakua, much to the convenience Of
parties, 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
these upon indictment exhausted so
much of the statutory time of four weeks
OF holding this Court that but two civil
cases were tried with a jury. If this
condition of affairs should long continue
it would amount to denial of justice to
litigants.
i suggest two methods of relief. First,
the pa sage of an Act to allow persons
convicted of offenses in the District
Court 10 waive jury on appeal in the
Circuit Courts and to allow these cases
to be heard and determined in vacation.
Second, the enactment of law to allow
divorce cases returnable at term to be
heard and determined in vacation.
l 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 a time as
Jurors can be held patiently to their pub
lie duty, to the neglect OF their own bus
mess affairs.
ENLARGEMENT OF JURISDICTION OF CIRCUIT
JUDGES, FIRST CIRCUIT.
At present there is no method by which
a person accused of crime committed
in another Circuit or VIII re he is on an
other island than Oahu, can be arrested
for examination by warrant from Homo
lulu. / think it would further the inter
ests of Justice if such jurisdiction was
conferred by law upon the JUICES of the
Circuit Court, First Circuit. The COM
mitment in such cases should be made
to the appropriate tribunal. Such a
jurisdiction would tend to prevent escapes
from thes Islands VIII. re the knowledge
of the crime first came to the general
Government at the Capital.
REPEAL OF PART CT CHAPTER LvI. OF THE
LAWS OF 1892.
Public attention has been frequently
called to the disposition which juries
have of late seemed to manifest, to acquit
defendants upon slight and often fanclful
grounds In my opinion one reason for
this (among others which do not mem
tion) is the operation of an Act of the
Legislature or 1892 "To better define and
declare the practice in trials by jury"
where the Court is forbidden to COM
ment upon the character, quality,
strength, weakness or credibility of any
evidence submitted, or upon the charac-
ter attitude, appearance, motive or re-
liability Of any witness sworn in the
case" Junes without the wholesome
as i-tance OF the Court in considering
and weighing the evidence, are often
swayed by the whims and preiudices Of
some Of their number, and thus either
Disbursements or acquittals against the
evidence often result Ii this part of the
law should be repealed, ink better
results would be reached.
LITIGATION TOO CHEAP.
The experience of several years past
has proved, think, that litigation is TOO
cheap in our Courts. At present the
costs paid by losing litigants is very
small as compared with those borne by
the state.
A panel of thirty-six jurors requires
daily expenditure of $72 besides 81 each
for the twelve sworn for their YER
die, that is, $S4; and if both the Ha-
waiian and foreign jurors are called for a
mixed jury case, the amount Of the
daily lee would be doubled, and the
amount paid would be $l56. Only
the sum of $l2 is paid by liiigants in
each case. While costs should not be
oppressive, they should not be SO light as
to encourage litigation.
LAW LIBRARY.
Owing to the decreased appropriation
made by the last Legislature for our
| library Wa have nos ordered anv new
sets # Reports. The accessions to the
previous sets received during the past
two years are 81 volumes, which with
Diyests and lext Books to the number
| of II, added to the number of books in
J library mentioned in my last report, OF
4349. masses the present numSer of
4