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

be qualified to sit on the Supreme
Bench of the Territory, without special
and local training and experience. Nor
from the study / have given to the
subject, can I discern anything in the
history of Hawaii to indicate that the
I Hawaiian Bar cannot fully and ade-
quately supply the demand for judicial
officers. Among resident lawyers,
there is an unusual proportion of men
of liberal education, of exact technical
preparation for professional service,
and of undoubted integrity. The four
teen volumes of the Hawaiian Reports
compare favorably with the reports of
the highest tribunal Of any territory
within the Union, and reveal unnis-
| takably the necessity for particular
| and localized information, to which
/ have alluded. They contain many
opinions large number of them from
the present Supreme Bench, that show
more than average learning and perspi-
! Guilty, and definite knowledge of local
facts and of specialized Law.
IMPORTED JUDGES NOT NEEDED.
| There are Of course improvements in
+, territorial legislation, that are certain
| ly essential. The power Of the SUI
preme Court should be more accurate
4 ly defined, so that the distinction be-
1 tween tribunals of original and of ap-
| pellate jurisdiction can be clearly
maintained. The records of appealed
cases should be circumseribed, printed
and indexed.
| Mere applications for rehearing
!, should not be argued. Practice and
procedure require to be systen1atized
and harmonized. The statutes should
/ be at once and permanently Invested of
features that controvert the Federal
Constitution, should be condensed and
+! intelligibIy indexed, and republished
in a form that not only lawyers, but
the people generally, can understand,
and thus a mass of technical and triy-
ial litigation swept out of the courts.
Such changes would be for the benefit
of the Supreme Court itself, and they
do not involve the necessity for, but
4 constitute an argument against, the
importation of judges. Independently
of other considerations, the American
theory of localized government has
been recently enforced in the adoption
of the County Government Act and
recognized by President Roosevelt in
the endorsed and proper appointment
of Honorable Sanford B. Dole to the
. high position of U. S. District Judge.
If the principle be accepted that Fed
eral Judges should be ordinarily Sc
lected from old and qualified residents
within the jurisdiction, it applies a
fortiori to judicial officers of a Terri
tory.
U. S. SUPREME COURT OVER
BURDENED.
, 2. The second amendment offered by
Senator Mitchell provides for appeals
and writs Of error from the territorial
Supreme Court to the Supreme Court
of the United States, where no Federal
question is involved where the amount
in controversy exceeds five thousand
| dollars. To this amendment for rea-
sons already assigned and particularly
, | applicable to this Territory, am also
:. ! opposed. The Justices of the Supreme
Court Of the United States, which is
the highest tribunal in the world, not
excepting the International Court al
. The Hague, are the entrenched guard.
: Of our constitutional system, are al.
ready over burdened with work, and
should not be required to pass upor
local issues, for which they have NJ
special adaptation and for the just
decision of which hard study in a new
direction would be exacted. Their
n revisory jurisdiction should be closet,
/, limited to appeals and writs of error
a from the subordinate and intermediate
courts and questions arising under the
Federal Constitution, the Federal stat.
7Jfo MI
: I have held this view for many years
not only because it harmonizes with
o our system of government, which i.
: directly opposed to undue centraliza.
= ton, but because, if for no other rea.
e son than the labor involved, it is prac.
It tically impossible for the Supreme
! Court of the United States to admin
lister final justice in the territories
+ LITIGATION WOULD BE INTER
! MINABLE.
: Delay is most serious objection tt
the administration of the law, and thi.
81 amendment, which is apparently al
= unjust reflection upon the Supreme
Court of Hawaii, would render litiga
ton interminable and would operate
directly against litigants who wer,
poor or in moderate circumstances.
In California, which escaped terri
{ torial apprenticeship, while the popula
= ton was so inconsiderable as hardly
to deserve enumeration, prior to the
- treaty Of Guadalupe Hidalgo enormou:
bodies OF Iand had been acquired by
;, individuals, under Spanish and Mexi
can grants. This fact necessitated adj
Indications that contravened American
- law and practice. Under an Act M
Congress, the jurisdiction over thes,
grants was vested in a Land Commits.
sion, in the q. S. District Court, an6
In the Supreme Court of the United
States. The frauds and delays Incl.
dent to this system, though it was hon.
estly and intelligently administered ir
the courts, extended over great
many years and made land titles sc
uncertain that settlement and the in.
crease of population, were seriously re.