The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-05-14
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
MARCH TERM, 1897.


FnrAn AND WHITING, j., AND CIRCUIT JUDGE CARTER IN
OF JUDD, CD, DISQUALIFIED.
appeal now a of Supreme
the Supreme Court such appeal having been taken by
Chap. 100. Session of 1892
parties judicial
Jurisdiction the subject matter acquire jurisdiction by
OF
chambers
original jurisdiction in probate and equity.
OPINION COURT WHITING. J.
By the will of Bernice Pauahi Bishop bequest and devise
of property both real and personal made trustees named
in will erection of Kameha-
meha Schools and testatr in the 18th section of the
WILL directed that 'my shall annually make full
and complete report of all receipts and expenditures and
the conditions of said schools the Chief Justice of the
Supreme Court other highest judicial officer in this country;
and shall also file before him annually inventory of the
property their hands and how invested and publish the
newspaper published in Honolulu" The trus
made their annual and filed the inventory for the
year 1896, the Hon. A. Francis Judd Chief Justice of the
Supreme Court and he referred the accounts to Master who
made report thereon The trustees took exception to the
Masters report and hearing the Chief Justice sustained
the Masters finding and certain part and the trs
appeal to this the Supreme Court.
stating considering the merits of the point ap
pealed, questions arise to jurisdictions:
First Had the Chief Justice Judge court, any
power authority hear and decide upon the matters sub
mitted to him under the will?
Is there appeal from the decision OF the Chief
Justice of the Supreme Court to the Supreme Court itself!
The second question will be first considered and must be
answered in the negative.
the Judiciary Act of 1892 Chap 81 the Supreme
had original and appellate uridcon and the several
Justices had original jurisdiction, in probate and equity By
that Act the Supreme Court became purely appellate court
original probate and equity jurisdiction taken
its several Justices But by Section SO of
said Act appeals were allowed all DECISIONS if solely
on points of law of the Justices of the Supreme
chambers the Supreme Court This section
amended by Chap 1O9 Session Laws of 1892 which
eliminates strikes this provision of the law and 1T
leaves appeal in such
We hold that the appeal this Court from
the decision rendered the Chief Justice chambers
the first question raised, of opinion that the
had judicial jurisdiction to hear and deter
mne Judge the matters presented to him. and at
he could be- while acting thereon mere arbitrator or
referee record made be considered Judicial
Supreme Court Justice thereof and 1t Is VOID
as judicial decision Prior of 1892 Chap 81 the
Chief Justice might well have been considered acting as
Judge jurisdiction the subject matter for he then
invested with original jurisdiction in probate and equity
and could hear chambers and there an
appeal the decisions rendered by single Justice to the
Supreme Court.
It is claimed necessary jurisdiction is conferred
Chief Justice by the will but this only be advanced on
the theory jurisdiction being conferred by consent of parties
Parties only confer jurisdiction IN pe'so"dm by consent
has jurisdiction OF the subject matter
consent of parties can give jurisdiction
- Am & Eng. Encyc. of Law, 800, ct seq
The Judges of the Circuit Chambers have original
jurisdiction probate equity and all such matters pending
in the Supreme Court transferred to the Judges
First by the Act of 1892 And am of opinion
that of the trustees should have been pre-
Judge of the First Circuit Court Tor seeen
as it was annually pending in the Supreme
Court and by the Judiciary Act of 1892 Fur
tber the Chief Justice Supreme Court being without
jurisdiction in this matter of opinion that the language
in the will providing for the report the Chief Justce or
other highest judicial officer an this country can without
forced construction oher highest judicial officer hdU
ina judicial jurisdiction the subject matter of the same
nature as this annual settlement of trustees accounts
will probaed heretofore in the Supreme Court; and
that scb highest judicial officer would be one OF the
Judges of the First Circuit Court Our procedure and practice
has probate court in which will containing
provisions for trustees hold and the property be-
queathed purposes has been probaed retains urs
dcon over such trusts and requires annual accounts of the
be rendered and passed upon AS 10 trusts one
than those in probate court of equity has general jurisdiction
Justice Frear and Judge Carter however, desire TO express
no opinion on the views forth in this paragraph
VOC allowance of commissions