Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-09-10

OF absence or disqualification. reading
the Hawaiian law on the subject. He
showed that in the 18th Hawaiian Re-
ports AZ out of "a cases were heard
with the Supreme Court composed part
~ of others than the Justices. in some
cases young men just out of school.
In the 18th volume 29 out OF l21 cases
were similarly adjudicated. The ex-
hibit in the 18th volume was &C 2-3
per cent of cases tried partly by men
not members Of the court.
Senator Burton-Not decided by the
Justices appointed by the President?
Senator Mitchell - Suppose today
there are two vacancies and the third
Justice is sick? Would his place be
filled?
Mr.. Humphreys-That case never
has arisen. but IL II did arise | have no
doubt they would decide It was right.
Senator Mitchell-Would you recon-
mend change?
Judge Humphreys-Most unequivo.
cally | would.
Third Judge Unconstitutional
Witness desire to say, with the
permission OF Judge Gear, that there is
absolutely no necessity for a Third
Judge OF the First Judicial Circuit.
Furthermore | believe that the Act
of the Legislature providing the Third
Judge Is unconstitutional. Here Mr..
Humphreys read and filed an opinion
he prepared at the request of the Fed
eral Antortey General on the subject.
In that paper he pointed out that the
Act in question simply prescribed a
duty for the President of the United
States. besides created an obligation
on the United States treasury. The
Legislature might create hundred
new Offices of the kind II it had the
Ipower to create one.
The Commissioners laughed at the
humor Of Territory legislating du.
ties for the President of the United
Estates.
Drawn back to the matter Of ap-
peals, Mir. Humphreys held that an ap.
peal to Washington did not necessari-
ly involve great expense. Judgments
Iof the Territorial court might be made
final to amounts not exceeding $4,000.
Gases would mostly be argued at Wash
ington by resident lawyers, which was
indeed the rule with cases from all
over the Union. Appeals from Alaska
and Arizona were infrquent. Sut 10
have the right gave a sense of security.
II made the proposed change more de-
sirable that justices must be appointed
from residents of the Territory. The
argument of local prejudices would not
apply so strongly II justices were sent
here imbued with the spirit of Amerl.
canism.
Governors Patronage.
MIR. Humphreys. still on the Organic
Act, referred TO the large appointing
power Of the Governor. He began
with the district magistrates and was
led by questions to add the Attorney
General, heads OF the other several
departments, Board OF Health, inspec-
tors of election. etc.
Quite a lot OF patronage lying
around" observed Senator Foster.
Mr.. Humphreys-Suppose we have
municipal government, II is very ques-
tionable II the Governor would not
under this section, claim the right IA
appoint the boards OF supervisors and
all other municipal boards. ! am sure
he will claim 1t, knowing him well
enough. In officers enumerated In the
section should mostly be appointed by
the Legislature, instancing Arizona
where only the Attorney General and
the Auditor were appointces Of the
Governor.
Appropriations.
Witness called attention 10 some OF
the appropriations recommended by
the Governor. Beginning with the At
torney Generals salary Of $500 year,
he compared II with the Governor OF
Arizona's salary of $500 year and
went on reading salaries from the APP
preparation Act passed by the last
Legislature. On the Attorney Gen
erals incidentals fund of $4,000 he
commented that no details of its expen-
diture were vouchsafed to the Legisla-
ture. He has made no report and has
never made any report. Money is APP
propriated simply 10 perpetuate the old
system of centralized control.
Senator Burton-Did | understand
that the Governor recommended $780,
600 for incidentals?
Mr.. Humphreys-Yes. Witness, on
Hawaiian National Guard and band