The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-05-08

| the minds of the judges that either
| meant that one of the three only could
| hold court. Judge Humphreys was OF
/ the opinion. in replying to arguments.
that the question was one which con-
| cerned the vital interests or the COM
munity. iuasmuch as the decision in
case under present circumstances
might not be valid.
In case involving only a few hum
bred dollars there was not so much at
stake one way or the other. but where
case involved large sums of money.
there was need to know definitely
whether the other two judges had the
legal right to sit during term time as
well rs the presiding judge. Mr. Dick
ey made an able argument in support
OF the affirmative side, contending that
all points in the law pointed to the
right of the three judges to sit sep
aratciy during the term. having equal
Jurisdiction with the presiding Judge.
Mr.. Magoon thought likewise and
called attention to a portion of the
Hawaiian statutes giving rule for con-
struction OF statutes under which the
Circuit Court shall consist OF three
judges. either of whom may hold
court" his opinion being that it pro-
vided for separate sittings.
Robertson desired to know on what
authority the judges selected one of
their number as presiding judge. saying
there was nothing in the statute pro-
viding for such course. He contend
ed that IL the First and the Third
Judges decided that one Of the two
should sit, the Second Judge could say
me also had the right to preside. and
there was n question as to which one I
had the right to call himself the presid- !
ing Judge One would have as much 4
right as the other.
One attorney said that the most far |
reaching effect of a failure to decide !
the question one way or the other
would be in divorce actions. and that
such failure to decide would entail all
persons who had married again.
DOES NOT LIKE RULES.
During the session of Judge Gears
court yesterday morning Cecil Brown
arose to complain of the rules just
by the judges of the First
He considered them invalid
because they had not been passed upon
The rules OF the Circuit Courts
should be uniform, and to be regular,
should be passed upon by all the
Judges. Attorney Stewart said that he
the courts and attorneys
were following ordinarily the American
and he regretted that the
Bar Association had not been given an
to make some suggestions
the rules. Judge Estee had
taken such course. and had taken the
jar MS commence judge Hum
phreyS did not think the bar should
COMPLAIN as he remembered having
isked the bar to make suggestions,
which il had failed to do. Mr.. Stewart
explained that he was only referring
20 the time when Judge Robinson be- ;
anne Il member OF the bench. Judge {
stated the judges had talk
ID the matter over and came to the Z
that the bar was Indifferent
n the premises. However. he suggest
d that IL any member OF the bar had ,
my suggestions TO make the court 4.
would be pleased to hear them. He :
referred having rules rigldly enforced. I
nd that such rules emanate from the :
'ar and not from the judges.
ORTEZ FOUND GUILTY.
The first jury case in Judge Robin i.
on's court came to close yesterday at
>. m. when the jury in the case OF ,
he Territory We. ortez. larceny. =
ey Watson for defendant will present =
motion to arrest the sentence OF the I
curt this morning, and sentence has
cen deferred until tomorrow morning
'rtez Is a Porto Rican who stole SIS.
pair OF boots. a pair OF spectacles and Z
Their articles from the house of a Mrs. 4
haw. His accomplice was a witness $
Dr the prosecution.
JUROR IN PILIKIA. y
When the jury list was called yes
srday morning by Judge Robinson N
uror Timmons was absent and 8 cita- "
OF was Issued for his appearance at =
p. m. He was then present The
icEe stated that MT. Tinmons had re
Hplailed satisfactorily to him q rea- ir
m for his failure to attend. However.
? warned jurors in general that in
,se any one OF them could not be-
resent. a message of some nature %
iould reach the judge promptly So as u
u TO keep the court waiting %
DENY CLAIMS OF BOW wONGS. y,
has been filed by petition