The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-30
.ONE COURT IN
FIRST CIRCUIT
THINK THEY HAVE NOT
THE RIGHT TO HOLD COURT
SEPARATELY.
ACT PROVIDING FOR THREE
JUDGES USELESS.
Smith Case Raises Point That May
Reduce the Circuit to Practically
one Judge.

one Judge.
/ The judges Of the First Circuit Court.
as a result of questions raised In the
| Walter c. Smith case have about come
| tc the conclusion that they have the
| right to sit en- banC, or separately one
| al time, but have not the right to
| hold court any other way. 1t is likely.
| therefore, that Judge Robinson will be
| the only judge to sit in term matters
| curing the May term beginning next
| week. Neither Judge Gear nor Humph-
/ reys have issued any venire for Jurors.
and it is understood that their pres
ent view is that they cannot sit if
Judge Robinson sits, except with him.
aG one court.
The legislature provided that the
/ First Circuit Court shall consist of
| three judges" but there is nothing in
the law to provide for the three sitting
| separately. In his argument before the
/ supreme Court, George A. Davis con-
tended that the right to sit en- 6anc
vas plain in the statute, but that what
required an express provision was the
right to sit separately This was in an
sWer to the contention that the pro-
ceedings in the Smith case were illegal
because the three judges sat together.
The question is now before the Su-
Ipreme Court.
In his brief filed in the Smith case
DAVIS sets forth the views that have
resulted in the decision of the first and
second judges to refrain from holding
court while the third judge Is sitting
The result reduces the First Circuit to
only one judge, as far as term matters
are concerned There is only one court
according to this view, and the three
no
The act of the legislature on the sub
ject is as follows:
THE Circuit Court of the First Cir
cult shall consist of three judges, who
shall be styled first second and third
judges respectively of the Circuit
Court of the First Circuit, either of
whom may hold the court"
Davis brief contains the following on
the subject of the Interpretation Of this
law:
The contention is that the words
either of whom may hold the court.
restricts the holding to one judge. and
If more than one sit then any judgment
delivered is void and of no effect. The
utter fallacy of such an argument is
apparent to anyone giving the matter
a thought. In fact the very opposite
conclusion must be reached to that
contended, for here, as 1t is evident
that the court shall consist of three
judges. This is the language of the
Act. If one may hold the court, it
wise. A nart cannot he o-raota, ~,
the whole one inlga oo,S,1ot t,rl-n S,i,ri'
more mower tbaD Phrac ~ -
court The co,rt ,sboII ,eo,,,f,t 90 -,
iudpes hnt tbara is ~ VI siil &c
this Circuit The fac+ of +ba ,,,tt,, C1Vlu T., ol
that counsel have opened up a matter
which t,e sa,r,ioi,, n,i,ial, T., an , , oue
to 90 into for he baIia,,e, 49, ,t W I9il
cone+ructior Of III - III Q 80, ~ ~
but one session Of Tho co,,,t bdt,,a- tiI "a
hereafter instead Of tbraa &c -
fore one of H. Eaora,,, % -, lsi -
Judge Gear fo, caIIin,r r., e., ~
tudges was that nro,7a,. ao,l,t,.,,1..tl(,,
of the statute yvouId not allo,- a,,I, o,,i
all of tha iudyes 10 Ma Iiff,,,t ,,ilN
sions of tbe CONT st tba so,l,a tf,,,e f,,,r
that there vas onI,, ono Cont a,I,i
Wherever thai was baId and ylbo,a,,l'. ,,,Ir
no other Circuit Court corlIG bc haId a.
tbe same tima i''' ''
when the statute was ana,tod IN
1892 there were but two indpsg ana tba
statute allowed either of whom, 70
hold the court "The court ia hrt ore
court the definite article ,tbe, co m
iting the word court ",Tna rourt" con
sisted of two iudees but tba la%isI,r,,ro
evidently did NOT want to TnaIra ~
necessary for boia iudpas f., eli ali ne
time. so il Drovided either of whom,
NAV hold the court Tba+ is of ~,
two either on. or tbe ,rhar cruId boiI
the cOurt. This does nor moan thrt
both of them could noId co,I~t sanar-
atcIy, that is to have ryyo sassiors or
- G urt held at oc F..a tI,r4 h,Ir
only what IT saws either of whom, ai-
ther one or the other IF A. runant mar
both could hold ,tbe court, at the sar,s
time i'm different rooms win jifra,e,,t
Jurors and differentIv constitutad If
WouId have said so or vroIId be,a q +
least said each of tban, As ~, Act
stands nov If is nor even ,yrar,,,,,a +il.oi