The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-13
JUDGES WILL
TAKE A REST
Gear Says But One
Court May
Sit.
CRIMINAL CASES
ARE PUT THROUGH
Court Is Asked to Straiehten
Out a Trust Deed The
Tramways Troubles.

OF by Judge Robinson yesterday. Man
ueI Enos CabraI was on trial all after
noon on a charge Of assault upon a
Portuguese girl. Cabral was found
| guilty by a jury with a recommends
ton TO the court for clemency, and
Judge Robinson imposed fine OF SIS
and costs.
Sam AIapai. who was convicted in the
District Court OF gambling and. fined
t25 and costs. withdrew his appeal, and
the same fine. with added costs, was
imposed by Judge Robinson.
In the case OF Yuke. charged with
| interfering with an officer. a sugges-
| ton of death was noted, and the case
| ordered stricken from the calendar.
| This Is the second defendant in a GRIM
InaI case TO die since the last term OF
court.
JUDGES MAY REST.
As was predicted In yesterdays Ad-
vertiser. Judge Gear rendered a de-
cIsion yesterday morning refusing TO
hear the case OF Foo Kee Co. VS.. Yo-
shida. and holding that but one Judge
could hold court at the same time in
the First Circuit. Judge Humphreys
sat upon the bench with Gear when
the decision was rendered and con-
CURED in IL. There viii be no appeal
from the refusal of the second Judge
to hear the case. as the matters at
issue are too trivial to justify the ex-
pense OF an appeal To- the Supreme
Court.
The court. in passing upon the mat
ter. stated that the authorities were
unanimous 20 the effect that but one
court could be held at a time in the alb
sence OF a specific statute. even though
(, AfufGfnnG Of ha
Judge Gear said: According TO the
constitutions and laws of many states
the Judges may sit separately at the
same time. but nowhere have 1 found
that IL has been held that Judges could
so sit unless there was further pro-
vision for such sessions than there is
in our statutes. I don't think that any
possible construction of the law-which
Is so plain in fact that IL is not sub
ject TO construction-can give power to
the Judges here to hold separate ses-
sions of court at the same time. II
think IL was the idea of the Hawaiian
Legislature when it passed the act
providing for two Judges that there
should be only one court in session. |
The other Judges may have been in |
tended to hear chambers matters. or /
two Judges may have been thought |
necessary for emergencies such as the 4
sickness or one of them.
The statutes do not provide In the \
Territory OF Hawaii that two Judges
can sit at the same time. No Injurious
effects are likely TO follow this decis-
ion. nor will IL affect past actions in
this court. as the record does not show
that two Judges were sitting at the
same time. But IL would be dangerous
to continue the practice in the future
for the question might now be raised
and the Judgment upset. But the court
must not be influenced any way as to
what the results will be. for that would |
be a finding as to policy alone"
Attorney Biting interrupted to ask
the court II he had considered the sec
ton which provided that either court
could sit
II gave the attorneys a chance TO
argue the question: replied Judge
Gear. but they didn't avail themselves
Of the privilege. and II Is improper to
come here now after the decision has
been rendered"
Judge Gear then rendered judgment
holding that but one court could be in
session at time. and that either OF
the three Judges could hold the court.
He announced that the three Judges
intended to hold court continuously.
though but one at a time. extending
each term the twenty days allowed by
statute. and then call special terms.
By this means IL was expected To get
more work done than when all three
courts were in session at one and the
same time. and the new method would
also he less expensive than the old.
The court further announced that
equity cases would be- heard by the
Judges not presiding. and that in this
way the attorneys could be better ac-
than under the old ar
The only order mada In the
-ase was that neither Judge Humph-
-eys or Judge Gear would hold a sep
irate court while Judge Robinson was :
presiding
Il would like u inquire" interrupted Z
Biting at this point. how we are go ,
ng 10 satisfy our clients under this I
lew order OF things
Il have nothing to do with your c
'iients. answered Judge Gear
But they will want TO know why
heir cases can't be heard"
You tell your clients to get after
he next Legislature and have the law
'mended- There are a lot of statutes T
IN the books which need attention" T
guess the only way. then. is 10
cuss' the court. said Biting.
That IS an attorneys perogative for
Weniy-four hours after a decision is
,endered- The attorneys might get all I
heir clients together and cuss the court 5
or that length % time: there will he
10 citation for contempt II you do" r
.Ontinued the court {
Judge Gear. in response TO a cues
ion from Mr.. Brooks in regard 10 the .
fleet % the ruling upon divorce cases.
aid that IL referred To all cases.
NEW JURORS CALLED. S
Judge Robinson was compelled to
summon ten additional grand Jurors 2