The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-24
ALL SPEAK FOR
LILIUOKALAN|
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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 a third Judge of the Circuit
Court OF the Hawanan Islands in ac- i
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 H. CASE,
Secretary
Dated at Honolulu, September IS,
1902
Senator Burton then brought up the
question of the constitutionaIity of the
third judge law and Mr.. Case said it
might be that the Legislature exceeded
its authority He denied that the Bar
might consider the act unconstitutional
and could not see that there was a DEL
icate ethical question as to the propri-
ETY. of advising the President that there
was a 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
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 it was necessary to
| have a full bench and that the filling
! of the bench from the bar was a wise
| provision in that it prevented mscar-
! 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-
5ttutional there arose a discussion
which BECAME acrimonious, ending with
Senator Burton contracicting Mr.
| Smiths statement that a Congressional
committee had cognizance of the stat
| ute and intended to permit the prac-
tice, and rather contemptuously saying
| ha+ no 70 ha
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:
1.-TWO judges can do all the work and
loaf half the time"
| /"whg haven't they done it, them"
asked Mr. Smith.
J. w. Girvin made a statement for
the rice planters, showing that there
are above II, 900 acres of rice planta-
tons which produce over 100000
pounds of rice selling for more than
$2,2S2, 900. The men engaged in the in
rdustry he put down at close to 5000 and
said that the investment could not well
be stated.
The grievances were the low tariff on
rice under American rule and the lack
of labor. 1t was stated that rice la
borers now received twice what they
did in 1893. The fact that there is a
steady decrease in labor it was said
pointed to the extinction of the indus
try The memorial took up the ques-
ton of Chinese entering the Territory,
showing that laws now in existence
prevented Chinese here from entering
the mainland. The claim was that the
duty should be two cents on uncleaned
and 212 cents on polished rice. 1ncreas-
ed labor was asked as we'll.
L. Ahlo was then sworn. He said he
was a rice planter and had been here
L forty years. He said he leased lands
from the government and private own
ers. AT first the land brought from
81. so to So 90 an acre and now $25' to $50
an acre. The cost of production he said
was four cents and the price received
| was not more than or Az cents La
Dor he said was receiving $29 a month
with board and house or 81 a day He
said the laborers were very independ-
ent.
Wong Leong, another rice planter,
said the cost of producing rice was
about cents. Labor was scarce and
Independent. He said he paid for lands
| $25 to $50 an acre. He said there should
| be a duty of 212 cents and more labor
| Wong Leong said he was an American
citizen and believed in the Republican
doctrine
Harry A Juen, liquor dealer, said he
had resided here fifteen years. He sub
mitted a memorial and supporting 1t
said he acted for a number of claim
ants. He said the arrests were made
by officers of the Republic on grounds
rot yet known. There was an insur-
rection, he said, and it was the hope
! of the memorialists that Congress take
up the matter. The Senators said that
there was question as to the political
acts Of the time which must not be
opened at this time, and they advised
| that he consult an attorney. The me-
| mortal is as follows:
Honolulu, September 22nd, 1902.
To the Honorable John H. Mitchell,
Chairman Subcommittee on Pacific
Islands and Porto Rico, Honolulu,
Territory of Hawaii.
Sir: The undersigned, an American
ci+i1an horn at Stamford Conn. hegS