Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-09-27

Oy Attorney ThOmaS Fitch on Friday,
the last day of the session:
Senators:-l have been resident Of
and a member of the Bar of Hawaii
Territory for the past seventeen
months, and take advantage of your
general invitation to offer some sug-
gestions as to matters which you have
under consideration.
Amendment to the Code, Etc.
The Civil Code of Hawaii, as well as
the Organic Act, needs revision in
many particulars, a few of which will
! suggest.
Attachments may be issued from
District Courts, the Jurisdiction of
which Is limited to three hundred dol.
lars, while there is no statutory pro
vision for attachments from Circuit
Courts.
| There IL no statute providing for the
arrest OF a debtor who Is about to
leave the Territory with intent to de.
, fraud his creditors, and the latter are
RENTED to the doubtful remedy Of In.
voking writs Of ne exeat regno.
The distinctions between law and
equity practice, which have been abol.
ished in all the code States and Terri.
tories, still exist here.
There is no provision for continuing
an action where the plaintiff has made
T. transfer OF his interest during its
tendency.
Sales Of real estate on execution or
under decree of foreclosure are abso.
lutte, and no equity of redemption is
allowed the judgment debtor.
The usefulness of the United States
District Court is abridged by inability
to transfer to it actions between citi.
zens of Hawaii and citizens of other
States or Territories.
Costs Excessive.
Costs are excessive In the Circuit
Courts, $37 are required to be deposit.
cd by the plaintiff on commencing
suit, while in Arizona and other Ter.
ritories, but $40 IL exacted.
Costs of appeal from the United
States District Court to the United
States Circuit Court Of Appeals are ex.
pensive. In a recent case the expense
Of appealing from an order sustaining
q demurrer to the complaint exceeded
three hundred dollars.
Right OF Appeal Denied.
The right of appeal to the Federal
Courts from decision OF the Supreme
Court of Hawaii is denied-a right
that has been enjoyed by the people
Of every organized Territory since the
formation of our government.
Appeals from Circuit Courts to the
Supreme Court of the Territory are
conducted in a loose and primitive
manner. With a notice of appeal not
specifying the error relied upon, and
with a bond for $50. the losing party
may tunless for good cause shown an
execution is allowed) stay proceedings
upon a Judgment for $4,000. The
notes OF the evidence, when written
up, are, with the original files of court.
sent by the clerk of the Circuit Court
to himself as clerk of the Supreme
Court, and there. without any assign.
ment of errors, and without any print.
ed transcript of the record, constitute
the appeal" II the Justices of the
Supreme Court do not find In this
record" sufficient material for decl.
sion, they are empowered to admit
newly discovered evidence material
&c Just decision" In one case re.
Gently decided, the Judges admitted
eX parte evidence of an act done by
the respondent subsequent to the judg.
ment holding that as IL was non-eXist.
ent evidence at the time OF the judg
ment, II was therefore newly discov. |
cred evidence" although 1t consisted
oil trust deed, executed and OF record |
five days before the notice OF appeal
was filed, and which was never |
brought before the Circuit Judge who |
made the decision. by motion for new
trial or rehearing or otherwise, and in. |
deed was not brought before the Su.
preme Court at all until a few days |
before the hearing Of the appeal. when
the attorney for appellant discover.
ed" It in the Registrars office, where
II had been recorded for months.
Original and Ultimate
The effect of a continuance of the
present system will be to turn the Su.
preme Court into tribunal Of both
original and ultimate juriGdiction in
the same case, and to impose upon it's
members the intolerable burden of try.
ing all cases de noyo on questions Of
both law and fact with no appeal from
their decisions. II litigants were to
avail themselves in all cases Of the OPP.
portunities afforded them by the Code,
IL would be physically impossible for
the Judges OF the Supreme Court to
dispose OF all the cases brought be.
fore them, and their calendar would
be choked with an accumulation OF
business that 1t would take years to
dispose of.
The Territorial Legislature will not
meet until February. It's political com.
plexion may be such that It viii de,
cline any interference with laws,
which though suitable for the King
dom, are altogether unsuitable for the
Territory of Hawaii. Its session is
limited to sixty days, and there would
De no time for it to prepare suitable