Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-12-01
BAR COMMITTEE
ON AMENDMENTS

amendments to the Organic Act, by the
local Bar Association, are as follows:
Honolulu, II. l., Nov. 30, 1908.
| w. o. Smith, Esq, President OF Bar
Association:
Sir:-The committee, to whom was
referred the matter of preparing a pro-
test against the proposed amendment
of the Organic Act OF the Territory OF
Hawaii, for authorizing appeals from
the Territorial Supreme Court to the
Supreme Court of the United States,
and of cooperating with the Honolulu
jChamber of Commerce, Honolulu Board
OF Trade and Honolulu Merchants AS
ISOLATION in protesting against the
proposed amendments of the Organic
Act for repeating the qualification OF
Territorial citizenship of the Governor
ard Secretary of the Territory, and the
judges of the Supreme Court and Cir
cut Courts, beg leave to report as fol-
lows They herewith submit the aC-
companying form of a resolution on
each of these subjects for the action
of the Association, having transmitted
tc the several public bodies above men
toned copy of the same for their ac-
tom
The Organic Act Of the Territory Of
Hawaii now provides In Section 81,
THAT the United States laws concern
ling appeals, wTits of error and remov-
al Of causes between the United States
Courts and the Courts Of the several
lgfn hun n ma ftar
and proceedings as between the courts
OF the United States and the Territory
OF Hawaii" This provision OF the Or
lganiC Act was made by Congress after
toll consideration, giving to the Ter
Iritorial Courts the status in respect OF
appeals and writs Of error of the State
Courts.
The reports of the Hawaiian COM
missioners. composed OF Senators Nor
lgan and Cullom, Representative Hit,
Sanford b. Dole and w. +. Frear.
then respectively President and JUS
tice of the Supreme Court of the Re-
public of Hawaii, strongly urged that
the establishment OF a Federal Court
in Hawaii was the only shange re-
Iquired in the Hawaiian Judiciary sys-
TEN. The following extracts are taken
from that report:
Hawaii, having been hitherto a sin
gle Independent state, Its courts have
exercised much of the jurisdiction en-
ercised by both the Federal and State
Courts in this country. In this re
speCt the Hawaiian courts have resem-
bled somewhat the courts of the Ter
ritories OF the United States, which, as
a rule. have had much Federal jurls-
diction, as well as jurisdiction of cases
arising under the Territorial laws. 1t
seems very desirable IN the case OF
Hawaii to separate these Jurisdictions,
leaving all cases arising under the
laws of the Territory to the Territorial
Courts and transferring all jurisdiction
of Federal nature to a District Court
of the United States to be established
for the Territory of Hawaii. This Dis
trict Court should have also the iurls-
dictIon of Circuit Court OF the United
States"
by making the relations between
. the Territorial Courts of Hawaii and
, the Federal Courts, as to appeals, re-
lmOval of causes, etc, the same as the
corresponding relations between the
State and Federal Courts. all cases Of
g a local nature can be tried and deter
) mined finally in the Islands, and thus
the expense and delay Of bringing suCl
. cases to the mainland, and possibly tC
' Washington, a distance OF 5000 miles
will be avoided"
The organization and procedure o.
the Hawaiian Courts Is already yer!
similar to what is found in the UniteC
States. This has been the result of {
growth of sixty years of Constitution
al government in Hawaii under Amer
a lean influences"
:, THE people OF Hawaii OF all classes
as shown by the memorials presented
to the commission, desire the judiciary
, as at present organized, to be retained
: with as little change as possible, will
the exception that they generally deem
II best that there should he a Unite,
States District Court to take jurisdic
4 ton of Federal cases"
The House Committee on Territorie
having in charge the bill to provide
q government for the Territory OF Ha
wall, adopted the commissioners re
!, port in its recommendation conCernln
u the Hawaiian judiciary, using the fol
lowing language, namely:
IA I'm view of the foregoing report,
:, must be considered wise and safe t
- provide for the organization of tn
Territorial Courts of the Territory {
Hawaii by substantially continuin
., them as now existing under the RI
A. public of Hawaii, and this has bee
4. done in the present bill"
OF This recommendation of the Hous
n Committee on Territories was accep
no ed by the House Of Representative
~ and a similar recommendation by III
~ Senate Committee was accepted by Il
United States Senate.
There Is no doubt Of the important
to the people OF Hawaii OF retainir
this provision of the Organic Act. tt
tn proposed change would work gree