The Hawaiian gazette., 1902-12-26
IS
REVISING
THE LAWS
Chief Justice at
Work on His
Report.

Chief Justice Frear is hard at work
upon a revision OF the laws OF the Ter
ritory of Hawaii, which will be pre-
scented to the Legislature for action
in February, in the form OF from
eighty to one hundred separate bills
with a recommendation for their adop-
tion. The need of an entire revision
of both the criminal and civil laws
CT the Hawaiian Islands has been very
apparent since the Organic Act went
into effect. but the failure of the last
| Legislature to appoint a code COM
mission left the matter untouched with
an accompanying chaos which has had
the courts at skies and sevens for the
past two years.
| Chief Justice Frear Is now preparing
his biennial report to be submitted by
Governor Dole to the Legislature, and
the suggested new laws, and changes
in the old ones will be supplementary
| to this report. There will also be
important recommendations as to
changes in court practice, in method of
procedure, and as to appropriations,
all of which subjects are in earnest
need of attention.
Numerous changes are required in
the laws Of the Territory, many of
which are null and void, others of
which are clearly unconstitutional"
said the Chief Justice yesterday 1.-The
Organic Act played havoc with the
lature in the past often passed new
! laws without regard to those already
on the statute books Criminal and
civil lawc are alike defective and there
must be many amendments to existing
laws, as well as new laws added. /
= am going over both the civil and penal
laws and intend to prepare a revision
5 to be submitted to the Legislature.
These will be embodied in from eighty
: to one hundred bills which will be
drawn up for presentation to the law
making body, for such action as 1t
deems fit"
= A revision Of the laws Of the Ter
1 ritory is greatly needed and the work
OF the Chief Justice will be a source
of much satisfaction to attorneys and
= everyone else that has anything to do
with the courts. One of the reforms
greatly needed Is in the practice. there
e being necessity for a uniform system
+ Of pleading and practice, as great con-
t fusion is constantly arising from the
4 present lax methods permissible under
= the Territorial law.
b Another law greatly needed is one
y providing for the drawing and impan-
h cling Of grand and petit jurors, the
Territory now being without any such
0 provision. The Jurors are summoned
] under a combination of the old COM
mon law and the Territorial statute
d and great confusion has resulted in the
$ past because of this
: Probably the law which Is most
needed to relieve the pressure of bust
ness upon the grand jury and circuit
g courts is one fixing the status of petty
offenders. Under the present laws
t persons guilty Of larceny in the Sec
n ord degree can be sent to prison fol-
/, more than one year, thus making the
: of1ense an Infamous crime for which
: there must be a grand jury present
e ment and jury trial. This throws
:, an unusual burden upon the grand
d jury and higher courts, while all these
e petty offenses under a proper law could
s be easily and quickly disposed OF by
= the district magistrate. Many addi-
Y tional changes are needed in both the
t civil and criminal laws, and the rec
: concentrations of Chief Justice Freai
ii adopted will do much to clarity the
procedure in the Territorial courts.