The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-03


lation and the taxable value of Ter
ritorial property at sixty-six per cent.
since the Supreme Court first became
an appellate body while litigation had
increased fifty per cent, there being
at the present moment some three to
four hundred cases awaiting trial.
He deplored the small majorities in
many decisions lately given where two
judges would differ and one decide
bringing forward the probability that
if five judges were allowed to sit 1t
would create a tendency to do away
with appeals if under the suggestion OF
the Mitchell Senatorial Commission,
appeals were allowed, and further, If
no appeals should be granted more sat-
isfaction would be given anyway by
the presence of five judges and larger
majority decisions.
a. G. NJ. Robertson thought the ac-
ton of memorializing premature and
did not think the local volume of bust
ness sufficient to warrant the asking of
FIVE judges While such an addition
would undoubtedly aid the present
state of affairs our present popula-
ton was hardly that of a third-rate
city. II the action was not really an
urgent necessity he did not think Con-
gress should be troubled.
Mr.. Smith thought that the original
intention of those who first drafted
laws for the guidance of the Terri
tory had been to model the lines on
| those of State rather than Territorial
Judiciary on account of our distance
from the mainland and the resultant
difficulty and expense of appeals. Costs
in such cases as have been taken uD
have been very heavy. Dissenting
opinions on the bench have been fire.
quent of late and the coming county
government questions are, said w. o.
Smith, liable to make local affairs, al
ready involved. still more difficult.
Mr. Smith did not think that the pres
entation of the memorial would be
a thrusting of the matter on the Sen
ate as the present difficulties had been
noted by the Senatorial Commission.
They, the commission, had made ur-
gent representation in their report that
the practice of filling vacancies on the
bench from practicing attorneys be
discontinued.
E. P. Dole made mention of the fact
that Vermont, an old, settled State
where litigation was naturally less,
while the business was half that Of this
Territory, had five judges on the SUI
preme Bench. Later Mr.. Dole strength
ened this point by expressing his belief
that the Territorial business was four
times as large.
During the meeting c. F. Clemens
made the statement that Vermont. with
perhaps twice the population, had only
one tenth OF the business OF this Ter
ritory yet had five members of the
Supreme Court.
J. L. Kaulukou favored the memorial
If necessity demanded the change but
feared that the demand would be con-
sidered premature and perhaps pre-
sumptuous. He asked concerning the
usual procedure in Territories and
States and Mr.. Smith stated that many
States with less business had five
judges, that Territories had the right
of appeal but States not except under
writ of error.
E. B. McClanahan thought that the
volume of business would carry far
more weight than population statistics.
There were many cases here amounting
10 100000, 100000 and even a million.
/ Such case elsewhere would be a cause
celebre where five judges sat on the
bench. He recalled a case of half a
million in Montana where celebrated
New York lawyers, including Elihu
Root, were engaged and the case caused
much sensation. The main thing, he
| believed, was to determine il three
| judges were insufficient to handle the
] business and if this proved to be the
case, to ask freely for what was
wanted
! With the present outlook. continued
Mr.. McClanahan, a blockade was immi-
nent within six months.
Mr.. Smith reiterated the fact that
we were far ahead of other territories.
The question of appeal was at present
one prohibition to litigants of limited
| means.
W. L. Stanley did not think the me-
mortal could be considered presump-
tuous The Bar Association was mere
ly asking for it's needs The Supreme
Court was undoubtedly overworked
was indeed months behind in its work
and unable to do full justice either to
itself or the cases submitted before it.
Three juries would start work Tuesday
meaning a big increase in the volume
of work He would like tc see the
Bar Association go on record as against
the Mitchell Committees recommended
ton, the lawyers of the Territory being
undoubtedly the best judge of what
local conditions demanded.
Appeals, concluded Judge Stanley,
We're prohibitive as far as average liti-
giants were concerned.
1t appeared to be the sense of the
meeting that the question of the Nit
chell Commission had better be left
out of the present memorial, Mr. Nc
Clanahan suggesting that such an
amendment might prove detrimental to
the general interests of the petition.
A S. Lewis outlined the difference of
the status of Territorial courts where
several appeals were possible and the
present standing of the Territory. The
carrying out of the recommendation of
the Mitchell Commission would mean