The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-05-12
ONE JUDGE IN
TERM MATTERS
DECISION OF JUDGE GEAR
CHANGES THE PRACTICE IN
THE FIRST CIRCUIT.
HUMPHREYS CoNCURs IN THE
RULING.
Robinson Holds Court, Gear Takes the
Probate Calendar and Humphreys
Equity This Week.

Judge Gear this morning gave a deci-
sion, with Judge Humphreys sitting
with him and concurring, to the effect
that only one session Of the first circuit
court can be held at time in term
matters. AS Judge Robinson is the pre-
siding Judge and is holding trials this
term, neither Humphreys nor Gear will
try any cases. Judge Gear will sit in
probate this week, while Humphreys
will hear equity matters in chambers.
Judge Gear stated in giving his deci-
sion that he and Humphreys had given
the matter much attention, and had
looked mp the laws and constitutions of
many states. He named a number of
states which, like California, have sta
tutory provisions for separate sessions
of one court or separate departments
thereof. Decisions are unanimous"
he said Ito the effect that it is only one
court, though there are divisions or de-
partments Of that court. The judge of
one of these departments is the judge
of the court
According to the constitutions and
laws of many states the judges may sit
separately at the same time, but no
where have l found that it has been
held that judges could so sit unless
there was further provision for such
sessions than there is in our statutes.
1 don't think that any possible con-
structiOn of the law-which is so plain
in fact that it is not subject to con-
struction,-can give power to the
judges here to hold separate sessions of
court at the same time. l think it
was the idea of the Hawaiian legisla
ture when it was passed the act provid-
ing for two judges that there should be
only one court in session. The other
judges may have been intended to hear
chambers matters, or two judges may
gencies such as the sickness of one of
them.
II can see no injurious results to fol-
low the ruling that we can only have
one session of court at a time Unless
the records show that there were two or
more sessions of court at once in the
past, there is no showing of error in
cases that have been settled. In the
future the question might be raised.
1.-The court can accomplish as much
if not more with only one judge hear
ing term matters. In the past, with
three courts, judges have often had to
wait for juries and the courts have not
been able to keep in session all the time
during terms. If there is only one de-
partment in session at a time, business
will be accelerated rather than held
back. 1t will be no more expensive, if
as expensive, as the present system,
and will be better for attorneys"
IF the court please, how are we going
to satisfy our Clients?" asked Biting,
who had been decidedly restless during
the opinion and had once before inter-
rupted the judge.
Judge Gear suggested that attorneys
might throw the blame on the court.
and that the next "a hours be devoted
to cussing the court by those who want
ed to do so. He remarked that there
would be no summons for contempt on
account of such kicks.
''There are many other laws as defec-
tive as this one, on our statute books" ,"
said the judge. IF would be we'll II
the attorneys interested would get to-
gether before the next legislature meets
and see that provision is made for
amending them"
Brooks wanted to know about divorces
and was told that they We're term mat
ters, and came under the rule. Satur-
day is divorce day, according to the
new rules, but there will be only one
judge hearing divorces.