The Hawaiian gazette., 1904-12-30
COURTS Of
TERRITORY
Chief Justice frear Ex-
plains How They Are
Organized.


ter's annual report to the Secretary of
the Interior. Writing of the judiciary
proper Chief Justice w. F. Frear says:
The first four-year period in the
history of this Territory has just come
to a close, and with it important
changes have taken place in the Ter
ritorial judiciary. Alfred S. Hartwell
and Francis NJ. Hatch succeed Clinton
A. Galbraiih and Antonio Perry as as
sociate justices of the supreme court,
and A. N. Kepoikai, John A. Matthew
man and C. f. Parsons succeed John
w. Kalua, w. S. Edings, and Gilbert
+. Little, respectively, as judges of
the second, third, and fourth circuit
courts.
The courts of Hawaii correspond
with the courts in the states rather
than the courts in the other Terrific
ries. There is a United States dis
trict court, which has also the juris
diction of United States circuit court,
and there are distinct Territorial
courts. The latter are in general
supreme court, consisting of "A chief
justice and two associate justices, five
circuit courts, each presided over by
circuit judge, except that the first
circuit court has three judges, and
twenty-nine district courts held by
district magistrates. Cases may be
taken from the supreme court, as from
the State supreme courts, only to the
Federal Supreme Court on writ of err
ror and only when Federal questions
are involved. The jurisdiction of the
t.t to Iat to.
Cases are brought to it by appeal, writ
of error, or exceptions. 1t holds one
term a year, beginning the first Mon
day in October and continuing until
final adjournment the following sum-
mer. The circuit courts have general
original jurisdictions; also appellate
jurisdiction in cases from the district
courts They hold, az rule, three
terms a year, varying in length from
a few weeks to four months. The dis
trict courts have jurisdiction of mis-
demeanors and, with some exceptions,
OF civil cases in which the amount in
Volved does not exceed $500. They hold
no terms, but sit continuously. Be
sides these courts OF n general nature
there are other courts or tribunals of
special nature. among when
special mention may be made of the
water rights.
= a year ago there seemed to be a
growing sentiment that the number of
the supreme court justices should be
increased to five. The increase in the
number of cases brought to that court
seemed to call for an increase in the
membership of the court in order to
enable it to keep up with its work,
but various changes that have taken
place in legislation and otherwise af-
ford ground for belief that this diff
Guilty will be overcome to some extent
at least in the near future. There are
other reasons, however which have not
been overcome. but which alone per-
haps might not at present be deemed
sufficient to require an increase in the
number of justices. A decision by a
bench of five is naturally more salts
factory than one from bench of three
especially if one of the justices dis
.sents. An increase to five would also
to some extent meet the argument fol-
allowing appeals in cases in which
Federal cases are not involved, or, II
such appeals should be allowed, II
would reduce the number of such cases
in which appeals would be taken. The
expense and delay that would result
from such appeals, owing, among
other things, to the distance from
Washington, or even from California
is something that should be avoided as
far as possible
The appropriations for salaries and
expenses in the judiciary department
have been reduced in line with the gen
eral policy Of retrenchment in view o
the financial stringency in the Terri
tory, but it is doubtful II this will op
crate to an appreciable extent in dim
inishing the efficiency of the judiciary
although 1t will impose heavier bur
dens on some officials and work NOR
or less hardship on others.
AS a rule the courts are either VI
to date or not far behind in their work
In the first circuit court in particula
much has been accomplished toward
the relief Of the calendar which wa!
SO congested a year ago. This hai
been brought about through almos
continuous sessions of three Judge,
trying jury and other cases. and wa,
made possible manly through legisla
tion enacted by the last legislature. Al
result, largely of the great numbe
of cases so tried in the first circui
court, the calendar of the suprem
court has gained somewhat on tina
court. There is reason to believe. how
ever, that this court, and all the court
OF the Territory. will be up to dat
In their work at no very distant time
An additional court was added I
the courts of record of the Terrltor
by the last Legislature, namely, tn
court of land registration.
This court has been in operation dur
Ing the past year. though thus far
has had comparatively few cases.
Several much needed changes hav
been made recently in the Courthous
in Honolulu, especially in the construc
tion of a vault for the records of tn
Supreme Court and First Circuit Cour
and In the Encouragement of the clerk
offices and the library There iS noe