The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-09-09
BAR IN MEETING
Future Judiciary Engages AttGn-
tiOl Of Attorneys.
A NOTE FROM THE COMMISSION
Opinions on Good System for
Hawaii-SeVeraI Suggestions.
Referred.
A NOTE FROM THE COMMISSION

At a meeting of the Bar Association
held in the office of the Attorney General
yesterday afternoon the following mem
! bers We're present: Attorney General w
o. Smith, T. NJ. Hatch L. A. Thurston,
| J. NJ. Davidson, Paul Neumann, Royal d.
Mead r.. y. Silliman, W. A Henshau,
| John D. Willard, p. /. Weaver, J. X.
| KauIia, J. NJ Nivas, w. II. Wright.
Enoch Johnson, J. 3. Early, J. L. Coke
and y. L. 9. Atkinson. w. O. Smith was
elected chairman and Mr.. Atkinson secre-
| tary
Mr.. Smith stated the objects of the
meeting. 1t was desirable for the Bar
to consider and, if necessary, present to
| the Commission any ideas relating to the
Judiciary that might be found expedienu
The following resolution, sent up from the
Commission, was read:
THE members of the Bar are invited to
express to this Commission in writing or
Otherwise ther views on JuuIcIal matters
Mr.. Smith remarked that it had been
suggested that three United States judges
be appointed to take the place of the pres
ent supreme and circuit judges; another
suggestion was the appointment of one
Federal judge, the present courts to con
tinue The following general suggestions
were submitted by the Attorney General:
Resolved: That the Hawaiian Bar fully
recommend to the Hawaiian Commission
the following judiciary system:
L That the Supreme Court of Hawaii
be the court of last resort of all matters
within its Jurisdiction.
2 That a Federal Court be established
with the same jurisdiction as that exer-
c1sed by Federal Courts in the several
states, and with appeal to the Higher
United States Courts in accordance with
law.
3 That the present system of a purely
appellate Supreme Court with Circuit
Judges for the various circuits and Dis
trict Magistrates be preserved.
4, That the Judges of Courts of record
be appointed by the Governor of Hawaii
by and with the advice and consent of the
majority of the Senate of Hawaii.
That the term of the Justices of the
supreme Court be eight years, that of the
circuit Court six years, and District Mag
istrates two years.
o. That the distinction between Common
Law and Equity Procedure be preserved
l. That the present system of cOmrnitraI
OF persons charged with crime by Dis
trict Magistrates instead of presentment
by grand jury be continued so far as Of
fences against local laws are concerned
d Ihat the present system of jury trial
be continued under which a verdict in
both civil and criminal cases may be rend-
cred by nine out of twelve jurors
y That the present system of requiring
Juries composed of native Hawaiians to
try cases in which native Hawaiians are
foreigners, be abolished.
Mr.. Thurston said his ideas were in the |
line of exclusive and final jurisdiction in |
the courts here, except in cases involving
Federal matters or questions of COnsti-
tutiOnality, which would necessarily 90
to the United States courts for 5diudica- |
ton.
Judge J. 3. Early, of Arizona. explained !
the details OF court systems Of his terri |
tory. The courts there were not salts |
factory. In New Mexico and Oklahoma !
the condition was the same. The speaker |
recommended that the Commission be |
asked for an independent appellate court: |
also that Circuit Judges be elected
Mr.. Neumann understood it to be the !
of the Bar that the judiciary |
system of Hawaii continue as a part of a |
State government He wanted to see the |
Hawaiian system preserved, with the |
Federal system applying in the regular |
line as in the States Personally, too, he |
opposed limiting the tenure of judges of |
should be for life, or during good be |
haViOr.
Mr.. SiIIiman remarked that the tend |
ency in the United States was to discoUr- |
age any move on the part OF Hawaii to- |
ward Statehood. He thought stress |
uing the present judiciary. drawing no |
between it and the institu- |
tiOns of other Territories or States.
Mr.. Smith urged that the system of |
commit ttal of persons charged with crime |
by District Magistrates IN place OF the |
grand jury system be continued.
Mr. Nivas moved to refer the whole |
matter TO committee of three, to con-
slider the resolutions and report at
o clock Saturday morning Carried.
The chairman appointed T. NJ. Hatch. |
Paul Neumann and S. n. BalIou on the
committed