The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-04-16
PERTINENT OBSERVATIONS BY
GENERAL HARTWELL.
Thinks 1t Better to Lessen the Work
of the Present Judges and Thus
Save Valuable Time.

| L hC lOllONlliS ltlbtI, duuIcSScu W
General Hartwell to the Honolulu Bar
Association, will prove of general in
terest in connection with the proposed
appointment of a third Judge for the
| FIRST Circuit Court:
| To the Chairman of the Bar Associa-
! ton.
Dear Sir: Whatever the number of
! these Judges, | think great saving
! of their time can be made. Their
work k at Chambers and in term
! time, the hearing of evidence and jar-
! guments, and the preparation of de-
| cisions.
| The term work, on he time taken
| in it, may he lessened materially by
! making it more difficult and eXpen-
sive for appellants to carry up petty
! gambling, opium and liquor cases,
which now appear to take an amount
of term time out of all proportion to
! the Importance of those matters.
Jury waived cases could be dispos-
ed of much more easily and rapidly
| if the Statute were so modified as not
to require "A Judge to give a written
opinion. which practically includes
findings on every matter of fact and
rulings on every matter of law. The
Judge, after hearing jury waived
case is as competent at least as jury
to say that he found for the plaintiff
or the defendant, and wind up the
matter then and there. Let counsel
call for the specific rulings of law and
findings of fact which they desire,
and take exceptions as they go along.
just as in jury case.
In Chamber matters, all those
things which are practically adminIs-
trative, like probating wills, appoint
ing administrators, passing upon ac-
cSssats, uncontested bankruptcy mat
tersf and guardianship matters, might
be attended to by any competent clerk
of the Court. As it is now the ac-
counts are ordinarily referred to the
clerk as a master, to examine and re-
port, useless expense and delay all
around.
A large amount of time is taken
with useless protracted examination
and cross examination of witnesses,
both in Chamber matters and term
cases. 1t is the California practice
coming with a vengeance. / think
the Trial Judges here do not like TO
do anything to curb this practice, be-
cause they think the Supreme Court
will overrule them. 1t is not the
English practice or that of the older
States. and much of the time so vast
ed might be saved / believe that one
little divorce case not long ago, while
Mr.. Thurston was here, occupied be-
tween him and Mr.. Kinney, something
like nineteen days for the eXamina-
tbn of a few witnesses. a dozen
Judges would not suffice to attend ca
ses protracted ad libtum
think great deal more liberty
would well be given TO the Trial
Judge to shut down and refuse to
listen to evidence which he considers
clearly irrelevant and incompetent. At
present. especiaIlv in Chamber cases,
it appears TO be requisite to let the
testimony go in, subject to the ruling
upon it of the Appellate Court. While
| recognize the necessity of limiting
judicial discretion in many matters, |
think good deal more of such discre-
. ton would well be lodged with the
Trial Judges in matters of evidence
and examination of witnesses.
, Written decisions of the Circuit
. Judges often take a long time, for
the Judges naturally and properly de-
sire to reach results which will stand
) intelligent criticism. / think it would
: be. on the whole, more satisfactory to
all concerned, if an oral decision were
7 given by the Judge upon the closing
of the argument. If the question be
fore him is simply the trial of fact
he is able to dispose of that question
: in nine cases ont of ten, as well off
= hand upon the bench after the testf
, mony and arguments are all in as by
l taking time over 1t, and if it is a mat
ter of law. knowing perfectly well
that on anything of Importance the
| Appellate Court will soon have it in
= charge. | think his rulings made oral
t ly upon the bench would in the long
} run be more satisfactory than the
frequently long delays incident to la
: bored preparation of written opin'
r ions.
This would mean that counsel would
r be obliged to prepare their eases
p, much more thoroughly, perhaps, and
5 not leave it to the Judge to do theii
work. 1t would also be importan'
: that appeals involving substantial
e rights should be heard by the Su
Z preme Court, although they are tax
e en- from the overruling of demurrer
t or on pleas in abatement or motions
+ to dissolve Iniunctions. In such cas-
= es, the appeals ought to he allowed
: and heard and save the time of tn,
e Courts, to say nothing OF the time anC
expense of the counsel and parties.
The hearing of such appeals by tn,
Appellate Court would also be wei
= facilitated. The actual number o
Q days which the Supreme Court takes
i in hearing cases nj the term FIRE
n quently depends upon whether th'
i stenographer has written off the evi
f dence in the appeal cases. The case
- -, tln nn1 4 N,
e the Appeal Court as soon as they arr
e appealed.
Yours Truly.
Al EpINn < HARFrNNET I