The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-12-04
THE MITCHELL AMENDMENTS.

The Bar Association has taken up apparently judicial
OF serious Importance the Territory OF Hawaii These
the the Territorial introduced the
Mitchell Oregon of the vitality mpor
nt OF these the authorizing appeals Supreme
the Territory the Supreme Court the United States all
where $1,000 involved There two sets OF reasons why
this amendment should not be adopted set pride
political AS the Organic Act stands supreme
practically the basis regards appeals from
supreme That is its judgments final all matters purely
within regulation Where the construction Of Fed
era involved appeal lies from the Federal
This should be- Since legislature given practically
full Legislative power in the Territory the coordinate judiciary should
be judicial authority Indeed the argument for final
judicial authority from the standpoint OF the probationary character OF
Territorial government stronger than for full legislative capacity
For legislators elected by the people and supposed
reflect any mnaury Tor statehood the people may possess wme the
Justices the supreme selected by the President the United
States and confirmed by the Senate and the therefore
be supposed be free from the objections that might be urged
against full legislative capacity To change this status as is proposed
by Senator Mels amendment take from of the attr
bues statehood which has been given and is therefore blow to
pride and that with valid for it.
The other OF against this amendment to the merits
OF the proposes delay the final end of litigation by
vdng another opportunity for appeal and appeal which affords
grounds for suppong that justice will be better assured The United
States Supreme Court for has been from three years
behind its calendar To provide opportunity for appeal nvo
denial of justice Mr. Justice Brewer of the United
States Supreme Court has very recently made very strong and
pertinent remarks this very of appeals He
out that the right OF defeated gant review OF his in higher
guaranteed by the Constitution Supreme Court having
repeatedly deced-nor natural right 1t simply statutory
right to be given withheld at the discretion of the awmang
The state to its citizens the duty providing tribunal settle
disputes and this may be called natural right citizen
bound Justice Brewer points provide
trials of the same cause OF course Justice Brewer does NOT nono
abolish appeals reviews by appellate Onhe contrary
he desires to relieve the appellate that they properly try
the which to them which they do Justice
Brewer systematically says Justice delayed justice denied To
add additional opportunities appeal without increasing the likelihood
OF more exact justice burdens gants gevous
and disastrous in its consequences in all directions.
In all matters OF litigation growing of legislation
and history why should final determination lie
with distance of five thousand miles, who know nothing
these matters they presented the printed record of the
that them? They have interpreting
printed record through the unconscious knowledge Of observation
experience Take questions OF rights for instance Who
could understand in that intimate thorough necessary for deter
mnaon who had not the of irrigation and pro-