The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-07-31
NEW LAW
IN EFFECT.
Three Judges Soon
May Sit To-
gether.
Judiciary Act Becomes
Law After To-
day.
Change Permits Judges to Hold
Continuous Sessions - Su-
preme Court Vacancies.

One of the most important laws
passed by the Legislature. aside from
the county act. goes into effect tomor-
row, August 1st. This is the act amend
I ing IAN Act to Reorganize the Judi
ciary Department and many impor-
tant changes are made in court prac-
tice by this law.
Principal among the important
amendments of this law is the one by
which all three judges in the circuit
court may hold sessions concurrently.
The law decides a question which has
bothered Honolulu attorneys for many
months and they will be glad when it
goes into effect. The calendar is in a
very much congested condition at pres
| ent and there is now some hope that
| it may be cleared up if all judges do
even before Judges Humphreys and
Gear discovered that they couldn't
hold court at the same time, but it
was much worse when they promulgat-
ed the en- banc decision, and thereafter
only one judge held court at a time.
Judges De Bolt and Robinson disre-
garded the ruling. but Gear still would
not hold term, and the question raised
has never been decided by the Supreme
Court
The new law makes this change:
."The Circuit Court of the First Cir
cult shall consist of not more than
three Judges, who shall be styled First,
Second and Third Judges respectively
of the Circuit Court of the First Cir
cult. There may be one or more ses-
sions of the Court at the same time.
and each ession may be held by one
but not more than one of the Judges.
The Judgments. orders and proceedings
of any session held by any one of the
Judges. shall be as effective as if only
one session were held at a time"
The law also prescribes Just where
and when terms of court are to be held
in the Territory. as follows:
I'm the First Circuit. at Honolulu, on
the first Mondays of January. April
and September.
I'm the Second Circuit. at Waikiki.
on the Island of Maui. on the second
Wednesdays OF March, June and Octo-
Der.
I'm the Third Circuit, at --ailua, in
the District of North Kona, on the
fourth Wednesdays of April and De-
cember. and in the District Of North
KohaIa, on the fourth Wednesday of
July.
I'm the Fourth District, at Hilo, on
the third Wednesdays of February.
May and November and in the Dis
trict of Hamakua on the third We'd
nesday of August.
I'm the Fifth Circuit. at Lihue. on
the Island of Kauai. on the fourth
Wednesdays of March, July and De-
cember."
There is a further aid in the preven-
ton of congestion in the courts at Ho-
nolulu and Hio in a provision which
says:
THE terms of the Circuit Courts of
the First and Fourth Circuits may be
continued and held from the opening
thereof. respectively, until the time
fixed by law for the commencement Of
the next succeeding terms of such
courts. provided. however, that the
April Term of the Circuit Court of the
First Judicial Circuit shall not extend
beyond the last Saturday in June. The
respective Judges of the Circuit Courts
may adjourn the same from time to
time. during the term, or without day,
as the interests OF the public may de-
mand."
There are also a number of minor
changes as to practice and procedure
and one important change relative to
the Supreme Court. This is as to the
manner of filling vacancies in case of
the former practice
being TO call in either attorneys or
iudges. a procedure which was much
criticised by the Mitchell Senatorial
The law as amended
provides:
THAT IL any of the Justices OF The
supreme Court shall be disqualified
from sitting in any cause pending be-
fore the Supreme Court, or snail be I'M
a HE to attend from sickness. accident,
q hsAnce. or any other reason. his or
tbeir place or places for the trial and |
determination OF such cause shall De |
6uad nv one or more Of the Circuit |
Judges who has or have had no con- |
,action with the said cause either as |
counsel or in an official capacity, and |
Who Is or are not otherwise disqualified |
tbereunto authorized by the written |
consent Of the remaining Justice OF
Instices. and further provided that for
the purpose of filing any such vacan-
cx- or vacancies the Circuit Judges OF |
the First Circuit. then within the Ter
ritorv called in rotation, beginning |
with the First Judge thereof, shall first |
be selected"