The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-02-03
AN URGENT
NEED FOR
NEW LAWS
Members of Local
Bar Discuss
Changes.
From Saturdays Daily)

|
Justice Frear yesterday afternoon as
to the work that jurist had been en-
gagged upon in his effort to Strengthen
out the tangle of the Territorial law, In
so far as one man might, prior TO the
meeting and for the benefit or the
approaching legislature 1t was an
adjourned meeting, held at Castle &
Cooke Hall, and at first did not give
promise of large attendance, as neither
the President nor the Secretary was
on hand. Mr.. w. r. Castle was called
to the chair. and by the time the
meeting had been called to order Secre-
tary Case came in and the business
moved along very smoothly. me
Secretary, as a preliminary, read the
minutes of the previous meeting, and
they were approved.
1--WE have met here" said Mr.. Castle
then, Ito talk over series of amend
ments to the Territorial law, which !
understand Judge Frear has been en-
gagged in preparing. in response to an
invitation sent to this Association by
the Republican Territorial Central
Committee. Before we proceed to this
discussion, perhaps the secretary would
better read some letters which he has
in hand"
The secretary then read the invita-
ton extended to the Bar Association by
the Republican Territorial Committee,
with its accompanying correspondence,
and letter from John ID. Willard. Of
Kauai, regretting his inability to be
present at the meeting, and suggesting
that changes be made in the laws, as
follows:
That the organization, powers, and
duties of the grand jury be definitely
settled by statute; that the fees of
grand jurors should be increased; that
costs, and especially witness fees, in
equity cases should be placed on a level
with those Of the circuit court; that the
witness fees in district courts be in
creased; that the standard Of qualiiica-
tons for license to practice in the dis
trict courts be raised; that only attor-
ncys at law be allowed to prosecute
criminal cases in all courts: that the
court assign attorneys to defend pauper
criminals; that the circuit judge in
chambers be given original jurisdiction
to try without jury all cases involving
not less than 800 and not more than
81 600; that all existing laws be cod
flied; that the Fifth circuit court
be given four terms a year, one every
three months; that this court be given
resident salaried stenographer.
The letter of Mr.. willard, with other
letters read by the secretary, was Or
dered received and placed on file.
Next, the names Of Will l.. Whitney
and S. Hackett Derby were proposed
for membership, having been posted for
the usual time, and they were elected
by reclamation
From the committee appointed to
Graft legislation relative to the admis-
sion OF attorneys to practice at the bar,
Mr.. Judd reported that the chairman
was absent, but that the committee
would have certain recommendations to
make In the near future.
The chairman suggested that some
thing be done before the next meeting.
as the time for the assembling of the
legislature was drawing on fast.
Mr.. Judd said that he understood that
Chief Justice Frear had drawn bill
covering the matter but thai no copy
or the bill was at hand. and then the
committee was continued in the consid-
Grafton of the subject on the under
standing that it would have the pro-
posed new law ready for legislative
action.
Mr.. Weaver, from the committee on
the practice act, made report of prog
ress, which was accepted as follows:
This committee recommends that
the Bar Association take steps:
"First-To have enacted in this Ter
ritory practice act
Second-That in such act, the dis
unction between actions at law and
suits In equity and the forms thereof be
abolished, and one form of action and
one mode OF pleading be provided for
all suits.
Ihat whenever there Is conflict be-
tween the principles OF law and equity.
that the principle OF equity shall gov
ein.
Ihlrd-We recommend as a basis OF
consideration by this association. the
House Bill No, n, as introduced i'm the
legislature OF 1898, the same being com
piled from the Field Code OF New York.
PHILIP l., WEAVER,
Chairman.
G, II DlCKEY.
Honolulu January 20, 1908.
Then lorrn Andrews asked Chief
Justice f'rear Ia give his views OF the
changes he had found II expodient "a
recommend IA the Legislature IN the
course OF the arduuus task he had un.
aer'ahen IN going over an the laws OF
me Territory, Win "a view t0 tho sln,
lnn'sllon of the prosont complicated
System,
Tho thlef Justice sald ho Was doubt,
M OF ihe eApedlrnry ~ taxing up ths
TINE of tho Association hy making sucl
al 'Ap"sillon "a lhIs time. n Nolld
perhaps he hrll'l ior thf Association T.