The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-09-26

,I fur IHD population nf oahu AND 10
two iuds could mot du 600 tho hI.'.
ness fur any population ~ 10000. Mr
case Thought three judges necessary
and the two Knusnns INDUCED Boo al
cross firing over Kansas counties
Senator burton wanted to know " the
bin for the third Judge was not sent
through simply 10 provide place fnr
a certain man. MIR. Case declared this
was news 90 him, and he was not FUR
Their queried. The memorial Of the Ex-
ccutive Committee Of the Bar Assuoia-
ton was read, as follows:
MEMORIAL OF THE EXECUTIVE
COMMITTEE OF THE BAR AS
ISOLATION OF THE HAWAIIAN
ISLANDS IN THE NATTER OF
JUDGES OF THE FIRST CIRCUIT
COURT OF THE TERRITORY OF
HAWAII
To The Honorable Subcommittee Of
Senate Committee on Puerto Rico
and Pacific Islands,
At meeting of the Executive Com
mittee of the Bar Association hell on
the 18th day of September, a. -. 1902,
the undersigned was Instructed to sub
NIT the following statement with re-
gard to the matter of Circuit Judges
for the First Circuit Court of this Ter
ritory:
At a meeting Of the Bar Association,
held on the 18th day of January, 1901,
resolution was adopted in words as
follows: 1T is the sense of this Assoc
citation that there is needed an addi-
tional Judge for the First judicial Cir
cult"
Subsequently the Legislature, by Act
10 of the Laws of 1901, approved on the
3Oth day of April, 1901. provided for the
appointment of three judges of the Cir
cult Court of the First Circuit to be
styled respectively, First. Second and
Third Judge; and
on May 18th, 1901, at meeting of the
Bar Association the following resolu-
ton was offered and adopted:
Resolved that the attention of the
President of the United States be call
ed, by the Bar Association of the Ha-
waiian Islands to Act 10 of the Session
Laws of 1901, providing for the appoint
ing of three judges of the Circuit Court
Of the First Circuit in place of two
as heretofore:
Resolved that the increase In the
number of Judges for the First Circuit
thus provided for by the Legislature
has been rendered necessary by the
great increase of legal work in the Cir
cult Court, and that said increase was
provided for in response to the unani-
nous request of the Bar Association of
the Hawaiian Islands.
Resolved that the President of the
| United States be, and he is hereby, re-
| specially requested to nominate and
| appoint third Judge of the Circuit
| Court of the Hawaiian Islands in ac-
| Cordance with said Act of the Legisla-
ture."
That, in the opinion of the Executive
| Committee of the Bar Association of
| the Hawaiian Islands, the same need
exists now for a third Judge of the
First Circuit as existed at the time
when the foregoing action was taken.
DANIEL II. CASE,
Secretary.
Dated at Honolulu, September IS,
| 1902.
Senator Burton then brought up the
question of the constitutionality of the
third judge law and Mr.. Case said 1t
might be that the legislature exceeded
its authority. He denied that the Bar
might consider the act unconstitutional
|
icate ethical question as to the propri-
ETY. of advising the President that there
was doubt as to the constitutionality
of the law.
w. O. Smith urged that the law was
constitutional and said that the con-
struction of the law, that only one
Judge may sit, was a forced one and
that influence would be brought to Sc
cure an amendment.
AS to the filling of vacancies in the
I Supreme Court Mr.. Smith said the law
/ provided that the court could call in
Circuit judges and failing to secure a
judge an attorney could be called in.
He maintained that II was necessary to
have full bench and that the filing
of the bench from the bar was a wise
provision in that il prevented miscar-
| riage of Justice. Senator Burton raised
the point as to the right accorded to
the legislature by the Congress to en-
large the statute, clothing a Territorial
legislature with power to create an Of
flee which the President must fill and
the senate must confirm, and when Mr..
smith said he considered the law con-
Stltutional there arose discussion
which became acrimonious ending with
senator Burton contraGicting Mr..
Smiths statement that Congressional
committee had cognizance of the stat
ute and intended to permit the prac-
tice, and rather contemptuously saying
that the record would have to be pro-
duced before he could believe any such
statement
Humphreys butted in after Mr.. Smith
had declared that the calendars were
congested, and said that two judges
could not do the work, declaring:
Two judges can do all the work and
: loaf half the time"
why haven't they done it, then?"
: asked Mr.. Smith.
j. w. Girvin made statement for
the rice planters, showing that there
are above llO0O acres of rice planta-
tions which produce over $4,000 900