The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-16


of Importance The belee practically asks Tor the al
0wance of appeal the United States Circuit Court OF p
peas the Ninth Circuit As already remarked TINS IS the h
time attempt has been made to appeal from ths court 10
federal court The motion raises questions OF practice OF
great consequence
We understand that if appeal lies to the Circuit Court OF
Appeals from this Court the citation and the approval of the
bond be signed by either Justice of this Court Judge
of that Court Under Section 900 of the Revised Statutes on
writ of from the Supreme Court to Circuit Court the
citation bv Judge Supreme Court
JUSTICE and under Section O2 final judgments and DEGREES OF
the Territorial Supreme Courts be reviewed on appeal or
of the and under the regulations
the final judgments and DEGREES of Circuit Court Hence
it follows that citations such appeals be signed by JUS
ce the Territorial Court or of the Supreme Court
BrOcn e. WcCOnne 124 e. S. 4S9 BY Section IL OF the
Evars Act establishing the Circuit Courts of Appeals 26 Stat
S29 the regulations made applicable to appeals and
wr of from the Circuit Courts of Appeals from and to the
District and Circuit Courts and by Section Is Of the act
the Circuit Courts of Appeals the jurisdiction
IN which their judgments hna by writ OF error or
peal review the judgments and DEGREES of the Supreme Courts
of the Territories the judgments and de-
of the District and Circuit Courts We infer therefore that
if appeal lies all the Circuit Court of Appeals from this
Court Justice of this Court the citation and approve
the bond.
But is this ministerial be performed matter
of course upon every application leaving solely the appellate
court to whether appeal lies in the particular
that court in case 1t decided in Greeley Toonsend
25 CAL 604 and other there cited, under somewhat
lar statute relating wts of State Supreme Courts
from the Supreme Court of the United States that this
ministerial but of judicial discretion If there
serious question the right of appeal in the particular
rule to allow the appeal and leave it the appellate
whether properly allowed not but to allow appeals
in all matter of would be simply assist
inscriptions parties sspending proceedings and
delaying justice for great lengths of time frivolous grounds
Of refusal of Justice of this Court allow appeal
is not final party desiring to appeal may apply to any
Der of the appellate either without applying here
after applying here unsuccessfuly.
Is this which appeal be allowed to the Cir
cult Court of Appeals of the Ninth Circuit? If in opinion
it clearly is not do the that
to unauthorized Counsel rely Section Is of the Evars
Act above referred to, which reads as follows
Sec Is That the circuit of appeal in in which
the judgments of the circuit of appeal made final by
this act shall have the appellate Jurisdiction by of
appeal review the judgments ORDERS and DEGREES of the
supreme by this act they may
have to review the judgments ORDERS and DEGREES of the district
court and circuit courts and for that purpose the several Terri
tories SHALL by orders of the Supreme Court be made
time to time, be assigned 20 particular circuits"
So far the Territory of Hawaii has not
been assigned any particular circuit and if should allow
appeal the time Circuit Court of Appeals
the Ninth Circuit it would be only the strong probability
that if this Territory shall be assigned any circuit will be
TO that Circuit Whether will be assigned circuit not
is matter with which have nothing do In view of the
provisions of the Organic Ache Act of April So 1900 to
provide government for the Territory of Hawa-t NAV be
deemed unnecessary to assign this Territory any Circuit
Aside from the question of the assignment of this Territory
to the Ninth Circuit this would undoubtedly come within
the terms of Section Is referred for admiralty case
and in admiralty the judgments of the Circuit Courts of
Appeal are by Section of the Act made final But in our
opinion the Organic Act later and particular statute pro-
vdes otherwise. Not indeed by the provision Section 10
that all actions law suits in equity and other proceedings
then pending in the of the Republic of Hawaii shall be
carried final judgment and corresponding
courts of the Territory of Hawaii for that an nterreenm
clause the principal object of which merely to bridge the
chasm that would otherwise separate the Republic and the Terri
tory and the word na apparently used distinguished
from nerocory rather than intending to cut off any right
OF appeal such would exist in other similar commenced
after the change in the government occurred Tn Ger
tam sense all cases must be final Judgment before
an appeal can be TAKEN unless otherwise provided statute
ms clause Is relied giving the Territorial iursdc
ton to proceed in certain classes of already begun in them
Whch IKE the present would otherwise within the
jurisdiction OF the United States District Court
The clause which rely is that found in Section Sc of
the Organic Act which reads:
The laws of the United States relating appeals wrts of
error removal of causes other matters and proceedings as
between the courts of the United the courts of the
several States shall matters and proceedings as
between the courts of the United States and
Territory of Hawaii"