The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-06-14

ought to get along with three.
Del. Ables supported the proposed
change. 1t would be many years
before more than three Justices
would be required.
Pres. Dole was willing to have the
words struck out.
Min. Smith again argued against
the limitation.
Coun. Brown was against the pro.
posal. They did not know how soon
the business might get beyond the
capacity OF three Justices, and it
might save four years when the time
for change has arrived.
Coun. Warehouse moved to refer
to the Committee on Judiciary.
Lost.
The amendment was lost, Pres.
Dole voting IN the minority.
SECTION 2. The Justices of the
Supreme Court shall hold their
offices during good behaviour, sub
jrct to removal upon impeachment.
and shall, at stated times, receive
for their services a compensation
which shall not be diminished dur
ing their continuance in office. Pro-
vided however, that any Justice Of
the Supreme Court, or a Judge of
any other Court of Record, may be
removed from said office, on reso.
luton 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.
Min. Smith moved to insert the
following sentence after "office,"
The Judges Of the Circuit Court
shall hold their offices for such
terms as may be provided by law"
Coun. Brown objected that the
Circuit Court was not created by
the Constitution but by statute law.
IL did not appear advisable to con-
stitute the Circuit Court by consti-
tutional enactment. The tenure OF
office Of judges Of all inferior courts
was elsewhere in this draft made
subject to law.
Min. Smith withdrew the amend
ment for the present.
Coun. Brown called in question
the provision that the removal OF
Justices on a vote OF two.thirds OF
both houses OF the Legislature
should he subject to the approval OF
the Executive.
Coun. Emmeluth Are you agains,
that, Mr.. Brownl CLaughter.)
Coun. Brown am decidedly.
move the last clause he struck out
Min. Smith argued strongly
against the amendment, citing al
Instance in the experience OF Cali
fornia. There might be times oI
great political excitement, when tn,
Legislature would he swayed b,
passion. II would he a very seriou.
thing to endanger the stability o.
the court Of last resort.
Pres. Dole agreed with the Attor
ney General. He thought, it suili
cient for the Legislature To have tn,
initiative, as IL was given IN this sec
ton. He would move au amend
ment To the amendment, to substi
tute for the words in question
upon the recommendation Of tn,
Executive Council
Couu. Brown asked il this woulC
not remove the initiative from tn,
Legislature.
Pres. Dole did not see that |
would.
Coun McCandless questioned tn,
advisability Of both houses sittin,
together.
Del. Robertson was against tw,
ways of removing judges. II wa,
enough surely to have them proceed
ed against by impeachment.
Min. Hatch pointed out that Their
might be occasions for removal OF
judge upon a resolution OF the Legs
lature. A judge might become insau
and it would not be proper to i'm
peach him.
Coun. Brown suggested the trans
position of the words proposed b.
the President to follow the wor'
record"
Pres. Dole accepted the amend
ment, which passed
Del, Ables moved to strike out tn
words "at stated times"
Carried, and the section passed a
amended.
SECTION 3. The Justice or Judg
against whom the Legislature ma
be about to proceed, shall have nc
tice thereof, accompanied by q cop
Of the causes alleged for his remova
at least ten days before the day o
which the Legislature shall az
thereon, He shall be heard befor
the Legislature.
Passed.
ARTICLE ~.
The judicial power shall be diviC
cd among the Supreme Court, III
Justices thereof, and the several il
ferior courts Of the Republic in sue
manner as the Legislature ma
from time to time, prescribe, an
the tenure OF Office Of the Judges (
o the inferior courts shall he such
may be defined by the law creatir
them.
Passed.
ARTICLE ~.
The Judicial power shall extend
, all cases in law and equity, arisir
= under the Constitution and laws (
, the Republic, and Treaties existin
or which shall be made under the
authority; to all cases affecting Pu
- lie Ministers and Consuls, and to a
cases OF Admiralty and martin
iurisIirti i'm