The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-05-12
JUDGES WILL
TAKE A REST
Gear Says But One
Court Nay
Sit.

OBJ NV iWINe MHNIUHIN AfrNtlNit WIN.
uci Bros Cahrsi was on irinl an ufter-
noon on charge of assault upon al
Portuguese Girl Cabrai was found
guilty By jury with recommend
lion 60 the court Tor rlemenc, ana.
Judge Robinson Imposed B fine of as
and costs
sam Alspsi. who was convicted in the
District Court OF gambling and nned|
s25 and costs. withdrew his appeal. and
the same fine. with added costs, was
imposed by Judge Robinson.
In the case OF Nuke, charged with
interfering with an officer, a sugges-
ton OF death was noted. and the case
ordered stricken from the calendar.
This Is the second defendant In a Grim
inal case to die since the last term Of
court
JUDGES MAY REST
AS was predicted in yesterdays Ad-
Nertiser Judge Gear rendered "A de-
cision yesterday morning refusing to
hear the case of Foo Kee co. VS.. Yo-
shida, and holding that but one Judge
could hold court at the same time in
the First Circuit Judge Humphreys
sat upon the bench with Gear when
the decision was rendered and CON
CURED in It, There will be no appeal
from the refusal of the second Judge
To hear the case. as the matters at
issue are too trivial to Justify the eX-
pense Of an appeal to the Supreme
Court.
The court, in passing upon the mat
ter, stated that the authorities were
unanimous 10 the effect that but one
court could be held at a time in the alb
sence of a specific statute, even though
there are divisions of the court.
Judge Gear said: According to the
constitutions and laws of many states
the Judges may sit separately at the
same time, but nowhere have ! found
that 1t has been held that Judges could
SO sit unless there was further pro-
vision for such sessions than there Is
i'm our statutes. ! don't think that any
possible construction Of the law-whicli
is so plain in fact that IL is not sub
ject to construction-can give power 70
the Judges here to hold separate ses-
sions of court at the same time.
think IL was the idea of the Hawaiian
Legislature when 1t passed the act
providing for two Judges that there
should be only one court In session
The other Judges may have been in
tended to hear chambers matters, OF
two Judges may have been thought
necessary for emergencies such as the
sickness of one of them.
The statutes do not provide In the
Territory of Hawaii that two Judges
can sit at the same time. No injurious
effects are likely to follow this decis-
ion.' nor will II affect past actions IL
this court, as the record does not show
that two Judges were sitting at th'
same time. But il would be dangerous
to continue the practice in the futur,
for the question might now be raised
and the judgment upset. But the cour
must not be influenced any way as I,
what the results will be, for that would
be finding as to policy alone"
Attorney Biting interrupted to asl
the court If he had considered the sec
ton which provided that either cour
could sit"
Il gave the attorneys a chance I
argue the question" replied Judg
Gear. but they didn't avail themselve
of the privilege, and 1t is improper t.
come here now after the decision ha
been rendered"
Judge Gear then rendered judgmen
holding that but one court could be Il
session at time, and that either o
the three Judges could hold the court
He announced that the three Judge
intended to hold court continuously
though but one at a time, extendin
each term the twenty days allowed b
statute, and then call special term
By this means 1t was expected to &c
more work done than when all thre
oouEts We're In session at one and tn
same time, and the new method woul
also. be less expensive than the oil
The. court further announced tina
equity cases would be heard by tn
Judges not presiding. and that in tn
way the attorneys could be better az
commodated than under the old a
rangement The only order mads in II
case was that neither Judge Humpl
reys or Judge Gear would hold sci
arate court while Judge Robinson We
presiding.
Il would like to inquire" interrupts
Biting at this point, "how we are K,
ing to satisfy our clients under tn
new order of things?'
II have nothing to do with you
clients" answered Judge Gear.
But they will want to know WI
their cases can't be heard"
You tell your clients to get aft
the next Legislature and have the la
amended. There are a lot of statut
on the books which need attention"
Il guess the only way, then, Is
'cuss' the court" said Biting.
That is an attorneys perogative {
twenty-four hours after a decision
rendered. The attorneys might get
their clients together and cuss the cou
for that length of time; there will
no citation for contempt IL you dc
continued the court.
Judge Gear, in response to a que
ton from Mr., Brooks in regard to I
effect of the ruling upon divorce cas-,
said that 1t referred to all cases.
NEW JURORS CALLED.
Judge Robinson was compelled
summon ten additional grand lure
and the same number of petit jurc
for appearance this morning. Seven