The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-14
AMEND THE ORGANIC ACT.

The Supreme Court Of Hawaii. in the
decision recently rendered in the case of
Hind. ct al. vs. the Wilder :. $. Co.
held that under the Organic Act of this
Territory appeals do not lie from the
Supreme Court Of Hawaii 10 either the
United States Circuit Court of Appeals
or to the supreme Court of the United
States. except in cases where such ap-
peals would lie from the Supreme Court
OF state: that is to say. either treaty.
the Constitution or law Of the United
States must be involved. otherwise an
appeal from the Supreme Court of the
Territory viii not lie. Judge Estee
having decided that citizen of state
cannot sue in the Federal Courts of Ha-
wall this Territory does indeed occupy
unique judicial position. There is
nothing like il in any state or territory
in the Union. 4 citizen Of New York
may sue a citizen of California in the
United States Circuit Court of California
where the amount involved. exclusive Of
costs. is two thousand dollars or more
diverse citizenship gives the Federal
Court jurisdiction but in Hawaii under
Judge Estee's view Of the law-the cor
rectness of which we do not doubt-a
citizen Of New York nor of any other
state cannot sue citizen of Hawaii in
the local Federal Court In every ter
ritory of the Union except Hawaii an
appeal lies to the Supreme Court of the
United States from the decisions of the
Territorial Supreme Courts where the
amount involved is Eve thousand dollars
but in Hawaii, as we have already seen.
no appeal lies no matter how great the
amount involved may be- The result of
this state of affairs is to place nom
residents entirely at the mercy of our
Supreme Court, even where a million dol
lars is at stake-the mercy of local
prejudice, local influence. local impro-
priety and local incompetency. Witness
the recent so-called Plague Fire Iusur-
ance Cases" where Il member of the Citi-
zenS' Sanitary Committee. sitting as Il
member Of the Supreme Court held an in
surance company liable for the fires
caused by the Board of Health. of which !
he was an agent The argument that |
our remoteness from the seat of govern |
ment would render il inconvenient and |
expensive to take appeals to the Supreme
Court of the United States is unsound /
and does not even possess the merit of |
The inconvenience and ex-
pense involved is a matter to be deter
mined by the appellant: if his appeal
Is groundleSS. he. and he alone. is mulcted
in costs if his appeal is sustained. then
the wisdom of the law permitting it is
vindicated. So far as the mere question
Of distance Is concerned that is purely
idle talk. In these days. with the aid of
steam aud electricity. we are enabled 70
speed the hours and the days. and for
all practical purposes we are several
the distance by time.
rather than miles-nearer the city of
than the people of San
Francisco were forty years ago.
Yes. the Organic Act must he amend
ii. 81 that not only citizens of the vari-
'us states may not be barred by the judg-
nents OF narrow, insulated and incom-
'etent court. but so that our own citizens
IS well may be in a position TO perfect ,
ppealS from a tribunal which does not
ommano their confidence.