The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-10-25
STATUS Of
THE JUDGES
BaIlou Hammers
Local Laws
Hard.
tFrom Saturdays Advertiser.)

Justice Frear. Associate Justice Hatch
and Circuit Judge De Bolt, with Cir
cult Judges Robinson and Matthewmnn
watching the proceedings. Attorneys
present on this occasion were Messrs
Bailou, Magoon. Wilmington, Lightfoot,
Derby, Warren and, part of the day,
w. o. Smith.
Mr.. Ballou, in replying to Mr.. Ma
goon's argument against the writ OF
prohibition. contended that the Judi
.ciary Act of 1892 comforting equity and
probate jurisdiction on Circuit Judges
at Chambers, was contrary to the then
existing constitution of the Hawaiian
Islands and would have been so declar-
ed had it ever been brought to a judi
cial test
The constitution of 1S9i-that of the
Republic of Hawaii-by an addition of
certain words failed to remedy the laws
unconstitutional!ty.
Mr.. Ballou held that the re-enact-
ment of an unconstitutional law by
Congress, in the Organic Act, did not
make such law constitutional. Cita-
lions by opposite counsel of the opin-
ions of members of Congress expressed
during the enacting of the Organic
Act, Mr.. Ballou said, showed a dense
ignorance of the conditions and needs
of the Hawaiian Islands. Anyway, as
he quoted authority for saying, the in
dividual views of legislators were en-
titled to but little weight in constituting
a law. Counsel argued that ordinarily
the jurisdiction of judges at chambers
was limited to acts incidental to mat
tiers pending in court. They could not
assume or be given by statute any
powers not conferred on them by the
constitution. The function of judging
contested elections pertaining to the
Chief Justice of Hawaii was not essen
TALLY judicial Neither was the juris-
diction over the adoption of children
given to Judges at chambers by the
laws of some States a judicial func-
ton, Decisions from different States
were quoted to sustain these PROPOSE
ltions. Mr.. Ballou contended that some
of the authorities quoted opposite had
no relation to constitutional questions
but merely to the construction of local
statutes
ME-. smith IN remarks ne MADE al
ludeo 10 the possible question as 10
wne'her 'he phrase III the organic ACT
Swing Juuiei"i power " such ihierior
courts as ,he legislature might estap-
lish iilish' not 'aiioaue tne Ia" giving
certain powers 10 circuit Judges at
Siiai'ipers' inns point was iiot given
prominence III the argument.
NAONE IN COURT.
]. ]. Dunno argued for the plea in
.abatemen, and motion ia o,asb tba IN
,dictment in the case of pbi,in Hama
mao Naone, charged with numbering
MS WIFE, throughout the noon hour yes
terday. Deputy Attorney General Tros-
ser VIII reply on behalf of the Ter
rltory at a. m. on Monday.
Mr. DUNES argument was an attack
on the constitutionality of the jury law
OF the Territory. He contended that the
Legislature mad no power to create Jury
Commissioners and clothe them with
Judicial authority.
Naone was in court during the oro-
'ceedings, attended by an officer. His
manner was nervous, revealed in Shift
ness OF eyes and restlessness of hands.
THE ARSON CASE.
Ching Cbunp,s trial for malicious
burning outlasted its second dav YES
terdav before Judge Gear and was CON
tinued until Monday morning ar N
20 CLOCK, Among the Witnesses in wait
ing are A r Gurrev secretarv NJ the
Board of Underwriters and I Fl
Craig. builder. DEPUTY sheriff Chill
lingworth and Fire Chief Tburston
testified Yesterday. A knot hole through
which 1t is alleged Kerosene oil was
a pou'eu - S'"'' ''e ife figured IN 'he
PACIFIC HEIGHTS SUIT.
The Pacific Heights Electric Railway
CO., Ltd. and Charles S. Desky file n
answer in the foreclosure suit of w.
%. Smith, trustee. They admit they
sold a steam condenser OF the value
of $685. 10 August Dreler without the
consent Of the trustee, who was absent
from the Territory, but allege that
Dreier bought the article with The fun
knowledge that It was Included n the
deed Of trust An agreement with