The Hawaiian gazette., 1903-08-28
THE BAR
MEMORIAL
Proposed Change
In Organic
Act.

| wall to nNe Justices was presented III
the meeting of the Bar Association
| yesterday. 1t was read by II. a. Bige-
| low for the executive committee and
consideration was postponed for one
week in order to give opportunity for
! to the Organic Act.
The following is the memorial and
proposed law:
To the Honorable Speaker of the
House of Representatives and the
Congress of the United States.
The Bar Association of the Terri
| tory of Hawaii respectfully petitions
the Honorable House of Representa-
| tives and Congress of the United
States that Section SO of Chapter 4
Of an Act approved April 30, 1900, be-
| ing an Act to Provide a Government
for the Territory of Hawaii, may be
amended so that the number of Judges
Of the Supreme Court of the said
Territory may be increased from three
to five. A copy of said proposed
change Is hereto attached, marked
Exhibit A." and made a part here
| Of
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 n pure
ly appellate body on January /, 1893,
and was then composed of three mem
bers. At that time the population of
the Hawaiian Islands was approxi-
mately $1,000 The total taxable
wealth was approximately 10000, 600
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 en-
ceeded 100000, and the total taxable
wealth was approximately $126OOO,OOO
This means an increase in the two
main factors of litigation of approx
imatcly &C per cent.
With this increase in the wealth and
population of the Islands there has
come 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-
sive, the average number of cases
has been 1l5. In the last two years
1t has been 100 per year. Not only
hn IA, I.,. 80, I,
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
on technical points, which recessari-
ly involves a larger amount of work
on the part of the appellate court
These facts have produced the re-
suit that q Court of three members,
which was adequate to the needs of
the community ten years ago when it
became 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 ait 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 time heard
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 20 of the Laws of 1903
of the Territory, just passed, 1t 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 cam be
taken by appeal to the Supreme Court.
This means that the work of the SUI
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 1t
Will be even more protracted.
In addition ITO this. the Act to Pro-
vide County Governments for the Ter
ritory OF Hawaii, being Act 81 of the
Laws of 1903 of the Territory which
goes into effect on January /, 1904. in
volving as 1t does, an entire new
scheme of Government for this Ter
ritory, will in itself create no incon-
siderable litigation and raise legal
questions requiring prompt, as well
as we'll considered and careful deci-
sions.
There are certain advantages incl
dental, but nevertheless of Importance
to this Territory, that viii accrue
from an increase of the members of
the Supreme Court. A bench, OF three
members is necessarily not as salts
factory as bench of larger number.
single dissent leaves the opinion of
the Court that OF a bare majority, and
as such 1t loses the weight that
unanimous decision. four to-one de-