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


provide Territorial government for these
puts the footing the
of wts of from the Supreme
of the United States.
OPINION OF THE COURT BY FREAR
This case having be heard in this appeal
from of Circuit Judge of the First Circuit in admiralty
awarding the beans $55 600 damages opinion filed
the 25th of last month"; ante p, concluding follows 1--WE
affirm the decree appealed from except the of five hun
bred and fifty dollars proceeds of sale of the wreck which
shoud be deducted from the amount awarded below This item
evidently overlooked in the preparation of the decree
peed The emaned the Circuit Judge of the
First Circuit with instructions modify the decree in accordance
with these views On the 30h the beee filed notice of APP
peal ITO the United States Circuit Court of Appeals for the
Ninth Circuit from the final opinion entered herein the 25h
day of October 1900"
The beee the court "to determine the
of the bond stay execution pending the appeal also ITO grant
reheang the ground that the final decree in suit in adj
miraly should be given in the Supreme Court of the Territory
from which alone by the laws of the United States appeal lies
the Circuit Court of Appeals and $50 modify the order
herein entered the decision of the above entitled
October 25 1900 make the final decree for the bents
in the above entitled decree of the Supreme Court of the
Territory of Hawaii and not of an inferior court
These motions presented somewhat informally and with
little argument and of authorities and by consent
the absence of Of the Justices who part opinion
above referred No formal decree has been entered and
strictly speaking the notice of appeal has been filed
and the application for fixing the of the bond has been
made premaurey Under practice is customary for the
appellate formal decree only affirming the
decree appealed from and remandng the and appeals from
the lower this court allowed only from DEGREES
distinguished from opinions We presume the Circuit of
Appeals would hold that if appeal lies all from this
that should be taken from the formal decree See Herrick
Cucheon, 80 Fed Rep g. Nor is this for formal
hearing although rehearng asked for We shall consider the
motions applications for fixing the form of the decree in the
of the revsoy praer which have their opn
ions decisions prior entry of formal decree Judgment and
for fixing the amount of the bond afterwards
The position be sustained that the final complete
must be entered in this because commended from alone
of this Territory appeal be taken federal
bether the Circuit Court of Appeals the Supreme
Court Apeae usually have power either
complete ecrees themselves remand the lower
courts Tn THE several States the and practice upon
subject df In the appellate required by
to enter tho becree ITSELF in others is required
Others the adopt either and in prefers
one course IA others the other 1t of local law
practice The local law and practice controlled by the
federal relating appeals and of error
other hand, the federal statutes rendered nugaoy
rights of party desiring appeal lost by
statutes practice For instance statutes provide
taking certain classes of from the highest
sta which decision in the suit could be had to the Supreme
Court ~ the United States difficulty
und in taking up such Notwithstanding diverse
of the courts of the various States entering final
udg nents DEGREES or remandng the
the,ton Fowler 81 o. S. 143; Wws Hoagland 1O5
T. &702; Polleys Black Riur Improvement Co., 113 T.
s3k/cGuire o. The Commonwealth Wall. 3S2; GeIston a.
Hfe1&8 VIII, 246.
appeal the force before the establish
of the Territorial government and under them the court
always exercised Its discretion entering final DEGREES
remandng but has inclined prefer the practice re-
handing least since became nearly eight ago almost
purely appellate In this particular apparently
would make little difference either party which
pursued The belants would be preudced in their rights
BY the entry of final complete decree in this On the
other hand if appeal writ of lies in this
federal court would simplify matters to have the final decree
here especially under practice the original record
up appeal from the lower court and would have be sent
back if the remanded If the question which
should be pursued had been presented before the filing of
the opinion is presented probably should have
adopted the other course that of entering the final decree here
and it being still within discretionary do this
deem best do it. This not however to be taken pre-
edent in which may be taken up from this
appeal writ of Each will be considered its
merits Since this the first in which appeal sought be