The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-09-04
THE SUPREME
COURT JUDGES
Bar Association
Discusses the
Memorial.

m Getting held yesterday afternoon Ill
consideration of the memorial to be
submitted to Congress asking that
body to increase the number of Judges
on the Supreme Court of the Territory
from three to FIVE were unable to come
10 n final conclusion and ultimately re-
! ferred the memorial back to the COM
1nittee, added to for that purpose, LOT
revision.
The general sense of the meeting
seemed in favor of sending such peti-
ton with certain notifications ana
amendments. The probability Is that
the matter will be definitely seltieu
and a memorial accepted at the next
meeting, announced for Wednesday
evening next at 1880.
The meeting was called Tor TOUR
O'Clock in the Castle & Cooke Assembly
hall, President w. o. Smith taking the
chair. A quorum shortly appeared
and the following were among those
present during the proceedings:
President w. o. Smith, Secretary j.
A. Matthewman, E. b. McClanahan, j.
L. Kaulukou, A. G. NJ Robertson,
Charles Dole, f. p. Dole, w. Rawlins,
A, A. Wilder, A. S. Lewis, L. A. Mott
Smith S. H. Derby. S. NJ. Ballou, c.
F.. Clemens, Frank Andrade, A. f.
Judd and W. l.. Stanley
President w. o. Smith, in opening the
meeting, referred to the adjourned
meeting of August 26 with its untinish-
ed business of the memorial adding
that he believed that a COPY of the
same should be forwarded to the
Speaker of the House of Congress, the
President of the Senate, the Chief JUS
tice of the Supreme Court of this Ter
ritory and the Department of Justice
as represented by the United States
Attorney General.
Speaking of the utility of the memo
rial he cited the increase of the popu-
lation and the taxable value of Ter
ritorial property at siXty-six per cent
since the Supreme Court first became
an appellate body while litigation had
increased fifty per cent, there being
at the present moment some three to
four hundred cases awaiting trial.
He deplored the small majorities IN
many decisions lately given where two
Judges would differ and one decide
bringing forward the probability that
if five judges We're allowed to sit IT
would create a tendency to do away
with appeals If under the suggestion OF
the Mitchell Senatorial Commission,
appeals were allowed, and further II
no appeals should be granted more sat
isfaction would be given anyway by
the presence of five judges and larger
majority decisions.
A. G.. NJ. Robertson thought the ac-
ton of memorializing premature ana
z did not think the local volume of busi-
ness sufficient to warrant the asking OF
five Judges. While such an ADDITION
would undoubtedly aid the present
state of affairs our present popula-
ton was hardly that of third-rate
city. If the action was not really an
urgent necessity he did not think con-
gress should be troubled.
Mr.. Smith thought that the original
intention of those who first drafted
laws for the guidance of the Terri
tory had been to model the lines on
those of State rather than Territorial
Judiciary on account of our distance
from the mainland and the resultant
difficulty and expense of appeals. Costs
in such cases as have been taken I'M
have been very heavy. Dissenting
opinions on the bench have been fire.
ouent of late and the coming county
government questions are, said w. o.
smith, liable to make local affairs, al
ready involved, still more difficult.
Mr.. smith did not think that the pres
entation of the memorial would De
a thrusting of the matter on the SEN
ate as the present difficulties had peen
noted by the Senatorial Commission.
They. the commission, had made ur-
gent representation in their report that
the practice of filling vacancies on the
bench from practicing attorneys be
discontinued.
T.. p. Dole made mention of the fact
that Vermont, an old, settled state
where litigation was naturally less
,vhiI. the business was half that of this
Territory, had five judges on the SUI
preme Bench Later Mr.. Dole strength
ened this point by expressing his belief
that the Territorial business was four
times as large
During the meeting q. f. Clemens
made the statement that Vermont with
perhaps twice the population, had only
one tenth of the business of this Ter
ritory yet had five members OF the
Supreme Court.
J. L. Kaulukou favored the memorial
if necessity demanded the change but
feared that the demand would be con-
sidered premature and perhaps pre-
sumptuous. He asked concerning the
usual procedure in Territories ana
States and Mr.. Smith stated that many
States with less business had hVe
Judges. that Territories had the right
of appeal but States not except under
writ of error.
T.. b. McClanahan thought that the
volume of business would carry far
more weight than population statistics.
There were many cases here amounting
to slOo, 1000, 100000 and even million,
such a case elsewhere would be cause
celebre where five judges sat on the
bench. He recalled a case or hait
million In Montana where celebrated
New York lawyers, including Elihu
Root were engaged and the case caused
much sensation. The main thing, he
believed. was to determine II three
judges were insufficient TO handle the
business and II this proved TO be the
case, 10 ask freely for what was
wanted.
with the present outlook, continued