The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-07
At TORNEYS ARE
IN PILIKIA
CIRCUIT COURT CALENDAR MORE
SERIOUSLY CROWDED
THAN EVER.
IMPOSSIBLE TO HAVE ANY CASES
HEARD.
Plans Discussed Which the Judges
Might Clear Up the Work-Appro-
priation Giving Out.

The condition of affairs in the First
Circuit Court has gradually become
such that attorneys in many cases are
advising clients to take almost any
course to avoid a suit. The calendar
has long been crowded, but its present
state makes a civil suit something that
is buried as soon as filed, and without
chance to get a hearing for months,
perhaps a good deal over a year
At the beginning of this term the
court of it's own motion postponed 36l
civil cases to the November term. Only
a few of them can be tried in that term
under the present system. Some of
them are of the greatest Importance,
involving large interests, and the situa-
ton is causing great loss and inconve-
nience to the business community. The
collection of ordinary accounts by an
assumpsit suit, the simplest thing in
law, is a matter of years instead of
week or two. Plaintiffs may get judg-
ments in the District Court but an APP
peal taken 20 the Circuit Court at once
buries the proposition under three hum
dred others that precede it. Yesterday
there were twelve more appeals from
Judge Dickey filed, making the Total on
the calendar 1913.
There are 80 divorce suits on the cal
endar in addition to the other S73 cases,
and enough criminal cases to last all
of this term and more. Many of the
divorce cases are many months old, but
it will be a long time before they are
settled.
The end of this term win probably
see the appropriation for the Circuit
give out altogether, and the court will
then have to be run without funds. The
salaries of the clerks and other officers
run on, as they come from special ap-
propriatiOns, but there will be no mon
ey for jurors. Jurors will have to serve
without pay, or at least to serve and
wait for pay. The judges can summon
| them just the same, and it will be con-
| tempt if they don't come whether there
! is cash for them or not, and when their
terms are over the judges will send
| them to the clerks and the clerks will
stand them Off
Under the old system of l. o. US, to
which Humphreys put an end, the
courts got money from the banks, the
clerks keeping count and paying when
| there was money. This is impossible
under the present rules 1t is not
known whether the banks will be will
| ing to allow loan 10 the court.
The situation, as described by some
| lawyers, is a practical deprivation of
| Honolulu of courts of justice. A man
| may have the best case in the world
| and have been most our outrageouslg
wronged by someone else said one at
! torney, "and he is without recourse.
He must submit or compromise, or wait
! two or three years to submit his wrongs
| to a jury The result is that we are
! practically without the means of en-
| forcing law"
Col. Fitch suggested as a plan for
| clearing the calendar that the attor-
| neys agree to put their cases on the
| jury waived calendar. Trial without a
| jury is much quicker than with jury
| and if the lawyers will waive juries,
the time of clearing the calendar will
! be much reduced.
| Another suggestion, from Il. 5. Gill,
| is that the judges keep terms going all
| the time, and all three keep at work
| and hold court during longer hours.
| Court sits now for four hours a day
| If the judges sat two days week each,
| alternating, and holding court for six
| hours a day or more, they could decide
| jury waived cases very quickly, and
| many attorneys would be willing to
waive juries for the sake of getting a
| trial.
A majority of the cases will go to the
| Supreme Court so that the next term
of that court beginning in October, is
| likely to be a very heavy one, and the
| congestion may possibly be transferred
from the Circuit Court to the Supreme
! Court.
Unless some plan is adopted for more
| rapid work, there can be no relief until
| the Legislature meets. BY an amend
ment of the act providing for three
| Judges in the First Circuit, provision
can be made to allow all three to Sit
at once, and new first judge will prob
| ahIV he aDpOinted by that time