The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-01
HONOLULU LAWYERS ON
MITCHELL AMENDMENTS

NeyS IN the states IOf attending q lTldl
at Washington is from $50 to 500 a
day for each days absence from nome,
in addition to retainer, which may
vary from $3.50 to $4,000.
Honolulu attorneys can not afford to
charge less for their expenses are much
greater and their absence longer,
while their business comes to stand
still, or goes elsewhere while they are
away, and in the latter case. frequent
~ does not return. The lawyers bare
travelling and hotel expenses to Wash
ington and return viii amount to be-
tween $500 and $500. The Supreme.
Court cannot set an exact date for
each case. A lawyer must be ready
when his case is called. If he can To-
cate the date of trial within two weeks,
he will be fortunate. An absence from
Honolulu of at least six weeks must be
calculated upon. At 800 day this
would amount TO $4,000; or at $50 day
to $500.
In a complicated case, or one involv-
ing U. S. Supreme Court procedure or
practice, a Washington attorney in adj
dition to a local one, would be advis-
able. If one is necessary at all, the
best would naturally be sought, whose
Lee NOuIu DS lIOIIl 9AoV up.
COST OF AVERAGE APPEAL.
The cost of an average appeal from
Supreme Court at Washington would
be as follows:
Copying record and transcribing
stenographer's notes, from $3.50
to $500. say .............$ go
Printing record and briefs, from
$500 to $1,000. Say................ $50
Attorneys fees, say six weeks at
$50 day 2loo
$4,000
If Washington attorney is also,
retained, from $3.50 to $1,000. Say 500
$500
If the party wins, he will still be out
the attorneys charges of $4,000, which
cannot be collected as costs. If he
loses, he will lose not only the subject
matter of the suit, but all of the above
expenses.
In addition to the above, the party
will be out the costs and expenses and
lawyers fees of the Hawaiian Circuit
Court, and the appeal from the Circuit
to the Hawaiian Supreme Court,
which will amount to from $500 to,
$4,000.
Discount the foregoing figures so per
cent. and the expense of an appeal to
Washington will still be a denial of!
Justice, in the average case, to all but
the wealthy, and it will be hardship
even to the rich.
cJ,p,5IccToN ON ppTIrEc
1t is suggested that no lawyer will
be needed; that cases can be submit
ted on briefs; that many cases are now
submitted at Washington on briefs
alone. The reply to this is, that the
Supreme Court is made up of the same
material that other courts are; that the
pointing out of the salient points of
the case and meeting arguments of the
other side is as necessary there as in
any other court. Only in the simplest
of cases are briefs alone relied upon in
other courts. Only in the simplest of
cases can they be safely relied upon ut
where the pressure OF
work is SO great that but a short time
can be devoted to each case. 1t is but
human nature that case which is not
called to the attention OIL
the court receives but scant attention
as compared to one which has been
and eloquently presented,
and the judges of the Supreme Court
are but human.
Moreover, a wealthy party can and
will be represented by able counsel,
which will certainly work to the dis
of his opponent who can
afford to file a brief only.
c.x1~.,
the brief suggestion. Any question
which is worth carrying to Washing
ton at all, is worth prosecuting with al!
possible strength and the average
case in court, without a lawyer to han
die and present it, is like a ship with
out captain or rudder.
DELAY.
2. The delay of an appeal to Wash |
ington will frequently defeat the OBJ
ject of the suit, even though it be won.
The congestion of litigation has seri-
ously interfered with the securing of
justice through the local courts; but
this interference will be as nothing |
with the delay on appeal to
Washington. The q. S. Supreme Court
calendar is now some two years in ar
rears, and this congestion is constantly
Only cases involving ma
tional questions are considered out of
the regular order.
Including the time taken in prepara- |
ton of the record and other preiimina-
ries, an appeal to the Supreme Court /
at Washington viii involve probable |
additional delay in securing a final de- !
cision of from two and half to three |
years.
During this time the parties may die, |
move away, become bankrupt, or no
longer be in a position to avail them
selves of the result of a suit, even
though they win, or the subject mat
ter of the suit may disappear entirely,
leaving but barren victory
Such delays hamper and must fre-i
1uently entirely defeat justice.
CERTAINTY.
g. Certainty is one of the vital ele-
ments of law. Justice on a sliding
scale is no. justice at all. The delay
above mentioned imports a dangerous. ,
element of uncertainty into the admin.