The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-08-28
THE MEMORIAL
TO CONGRESS
BY THE HAWAIIAN BAR
ASSOCIATION IN REGARD TO
THE SUPREME COURT.

The following is the memorial adj
dressed by the Bar Association to Con-
gress asking for a Supreme Court to,
consist of five justices instead of three.
The formal and merely explanatory
parts are omitted:
In support of this petition your petit
TONERS would respectfully submit in
brief the following facts as showing
the need at the present time for such
an increase in the number of Judges
in the Supreme Court.
The Supreme Court became..a pure
ly appellate body on January /, 1898,
and was then composed of three mem
bers. At that time the population of
| the Hawaiian Islands was approx
mately $4,000. The total taxable
wealth was approximately $4,000, 900.
Population and wealth are the two
elements that in the main determine,
not only the amount of litigation in
any jurisdiction, but also it's impor-
lance.
In 1902 the population probably ex-
ceeded 100000, and the total taxable
wealth was approximately $1260OO, 600.
This means an increase in the two
mean factors of litigation of approx
imately sc per cent.
With this increase in the wealth and
populate of the Islands there has
come a corresponding logical increase
in the number of cases submitted to
the Supreme Court. From 1892 to
1896 the number of cases submitted to
the Supreme Court averaged so per
year. From 1900 to 1908, both inclu-
s!ve, the average number of cases
has been 115 In the last two years
| it has been 120 per year. Not only
| has the number of cases thus increas-
| ed, but the Importance and extent of
the property rights involved therein
has also been increased. There is al
so a tendency to contest cases more
in technical points, which necessari-
! ly involves a larger amount of work
on the part of the appellate court.
These facts have produced the re-
suit that a Court of three members,
which was adequate to the needs of
the community ten years ago when it
became a purely appellate court is in
adequate to meet those needs at the
present time.
The Supreme Court will in the i'm
mediate future feel the pressure of
cases even more than at present, for
the reason that the number of Judges
in the First Circuit Court of the Ter
ritory of Hawaii was inadequate to
handle the cases there. Up to 1901
the number of Judges in the Circuit
Court of the said Circuit was two. BY
Act 10 of the Laws of 1901 of the Ter
ritory of Hawaii the number of Judges
of the First Circuit Court was in
creased to three. owing however, to
some doubt as to the construction of
the statute only one Judge for
considerable portion of the timeSheard
jury cases. The result has been that
at the present time there are between
300 and 400 law cases awaiting trial
in the aforesaid First Circuit Court
alone. By act 80 of the Laws of 1908
OF the Territory, just passed. it has
been provided that each of the three
Judges of the First Circuit Court may
at the same time hear jury trials. In
addition to the jury work now pend
ing before the Court, there is also
large number of probate, equity and
divorce matters. All these can be
taken by appeal to the Supreme Court.
This means that the work of the Su-
preme Court will be greatly increased
within the next six months. With
the present force of Supreme Court
Judges the result will be that the
blockade which has hitherto existed
in the Circuit Court will be trans
ferred to the Supreme Court, where it
will be even more protracted.
In addition to this, the Act to Pro-
vide County Governments for the Ter
ritory of Hawaii, being Act 81 of the
Laws of 1908 of the Territory which
goes into effect on January l, 1904, in
volving as it does, an entire new