Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-11-09
HAWAIIAN COURTS
ARE INDEPENDENT
Organic Act Gives Them
Status Of State
Courts.
INTERESTING OPINION
| OF SUPREME COURT
Appeal Denied in Marine Collision
Case to Ninth Circuit Court Of
Appeals Of United
States.

Chief Justice Frear has written an
interesting decision on the latest phase
of the Claudine Carson marine COLI
sion case. Justice Perry signs 1t with
the author. Justice Galbraith had left
for the Mainland when the matter was
argued. The opinion in effect declai es
the independence OF the Hawaiian judi
ciary system In matters of purely Tes-
ritorial Jurisdiction.
The libelee had given notice of dp-
peal to the Circuit Court of Appeals Of
the Ninth Judicial Circuit OF the Unit
ed States, and requested that the
amount OF bond to stay execution VI
the decree on appeal should be fixel.
II had also been asked that the SUI
preme Court should issue decree or
its decision, instead of remanding the
case to the Territorial Circuit Court.
From the latter no appeal can be taxi
en- to the Federal courts.
1t is held in this opinion that he
power Of the Supreme Court to remand
cases to the lower court Is not taken
away by the statutes Of the United
States permitting such cases to be TAX
en- from the courts OF the Territory 10
a Federal court on appeal or writ Of
error. But in this particular case, the
opinion says, the Supreme Court makes
the final decree itself.
Section SO OF the Act to provide q
Territorial Government for these Isl
ands, says the Court, puts the courts
Of this Territory on the same footing
as the courts OF the several States a,
to writs Of error from the Supreme
Court of the United States. There is nc
appeal from the courts Of State to a
Circuit Court Of Appeals. The Terri
torial Act, being later and having spe-
cial intent, controls over statutes relGt-
ing to Territories In general. That the
intent in this particular case was the
same as now construed by the Court
Is made evident by a quotation from
the report OF the Hawaiian Commits
sion, which argues against allowing ill.,
discriminate appeals from the courts
Of Hawaii owing to the great distance
, Freedom OF appeal would enable un-
scrupulous parties to defeat, or at leas,
delay, the execution Of justice. Mr.
Knox, chairman OF the House Commit
tee on Territories, quoted this part
Of the report in debate, which proves
that Congress was informed as to what
It was doing.
II Is remarked that an appeal can b,
ftaken from the Supreme Court Of Ha'
wall, where party sees fit to ATTEMPT
1t, without being allowed by one Of 1t,
justices. The notice Of appeal might bt
acknowledged by justice or the conr
to which 1t is attempted to take tnt
appeal. That court might then deter
mine whether or not the appeal coult
be entertained. It Is pointed out, how
ever, that the Territory of Hawaii hai
not yet been assigned to the Ninth o.
any Judicial Circuit of the Uni.e'
States. In view Of the fact alread!
mentioned, that the Hawaiian cour;
are given the same status as Stat,
courts-therefore not governed by IN
provisions OF statutes relating to Ter
ritories in general-a probability i
suggested that the judiciary system @
Hawaii Is to remain independent o
Federal circuit courts.
The United States District Court 70
Hawaii has Jurisdiction over such case
as are appealed from the Suprer'
Court OF any other Territory.
As to whether the case now befoi
the Court might be taken to the su
preme Court OF the United States b
writ OF error no opinion Is giveI
This question was not before the Cour