The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-26

test. with a tentative objection by Mi.
Ballou.
The Bar Association also took the
same course OF objection with the Nit
chen amendment which provides that
judges on the Supreme Bench shall be
citizens either of the Territory of Ha-
wall or of some state or territory of
the United States, instead of the eli
gibility being confined. under the Or
ganic Act, to citizenship in the Islands
The Organic Act provides that APP
pointees to the bench shall be citizens
only of the Territory Of Hawaii
The first protest viii be made by the
Bar Association only. That against
the amendment on appointments to
the bench will be made by commercial
bodies of the Territory, the Bar Asso-
citation taking the initiative. The
Chamber of Commerce, Merchants AS
ISOLATION, Builders and Traders Asso-
citation, will be included as the signers
of the second protest.
President w o. Smith. Judge Hart
well and w. A. Kinney of the Bar As
ISOLATION were appointed committee
to draw up the protests.
THE PROCEEDINGS.
The meeting was convened at 4
o'clock and was attended by w. o.
Smith. president; A. F. Judd, secretary
pro TEN; sJudge Hartwell, W. a. Kin
ney, A. G. NJ. Robertson, J. A. Magoon,
S. NJ. Ballou, L. A. Thurston, W. R.
Castle, A W. Carter, c. s. Dole. A.
Lewis, Jr., W. L. Stanley, E. P. Dole,
A yra,
Clemens, Mr.. Derby.
w. o. Smith, as presiding officer, re-
ferred to the bills presented to Con-
gress by Senator Mitchell on judiciary
matters and other affairs of the Ter
ritory, which appeared yesterday in
the Washington correspondence of the
Advertiser.
L. A. Thurston said he was opposed
to the proposition of allowing appeals
from the local Supreme Court to the
Supreme Court of the United States.
and he moved that it be the sense of
the Bar Association that the amend
ment proposed is not an amendment
to the Organic Act which is approved
by the Bar Association. He said one
of the principal objections to it was
u.
would amount practically to a denial
Of justice especially to a poor man.
He referred to appeals taken from Ha-
wall to the Circuit Court of Appeals
at San Francisco which had been most
expensive to persons involved, and the
expense would be still greater in con-
nection with appeals to the Supreme
Court of the United States. Justice,
under these circumstances, would be
luxury. The regular calendar of
the United States Supreme Court was
now two years behind and was rap
idly becoming congested. Attorneys
must go from here to Washington, and
their time, expenses and fees, must be
paid. At present Hawaii is in the
same position as the forty odd sover-
obtain as good an administration of
justice as in the past.
A w. Carter seconded the motion.
SHOULD HAVE HOME RULE.
w. A Kinney said that to adjust our
own personal affairs we had to go 5000
miles beyond the seas. These affairs
no more concerned Senator MitcheIl's
constituents than the affairs of Ore
gon interested Hawaii. In our judi
ciary the territory was given self-gov-
eminent, a valuable boon to everr one
here, and he was of the o-ainion it
would be suicidal for the Bar Associa-
ton to throw away this great arivi-
lege, for otherwise Hawaii would be in
the position of washing its dirty linen
in Washington.
Judge ,Hartwell said it would be a
great mistake if the Bar Association
did not take up this matter and pro-
test against the amendments. He did
not know why Senator Mitchell pro-
posed the amendment and he did not
know who, in Hawaii, could have de-
sired it. The amendment did not in
clude criminal matters.
Then" said the Judge, 'if life and
liberty are safe with our own SuSreme
Court to pass upon, I do not see whv
property is not equally protected here"
S. M. Ballou' said he spoke for f. NJ.
Hatch, who was opposed to the Bar
Association making a protest against
the amendment. Mr. Ballou, for him
self, said he was somewhat on the
fence. Mr. Hatch was of the opinion
tlaI the ming OF Dl1e1S at w aSh1nStOn,
was sufficient to carry a case to the
end without personal supervision, and
this naturally would save expense.
Several members challenged this
statement and Mr.. Ballou was asked
whether he would care to have a case
in which he was personally interested,
take care of itself on a brief A S.
Lewis, Jr., Judge Stanley, w. r. Cas-
tie, E. P. Dole, A. G. NJ. Robertson,
and others strongly favored the pro-
test, and the Bar Association went on
record to this extent.
Judge Hartwell presented an obiec-
ton to the Mitchell amendment rela-
tive to the appointments of judges to
the Supreme Court from states and
territories other than Hawaii. After
some discussion it was deemed wise to
enlist the cooperation of the mercan-
tile bodies of the territory in this mat
ter, as affecting them, as much as it
did the Bar Association personnel, and
motion to this effect prevailed.
: The committee will report at a meet
ing to be held at p. N. next wednes-
day.