Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-02
DIVORCES
CONTINUED from Page ~


the judges at chambers powers In
equity matters are unconstitutional.
not only would every phase Of the
Parker ranch fight be wiped off the
board. but every equity matter, inclu.
ding cases Of divorce, which have been
heard and determined by Circuit
Judges at chambers In the last four
years, since Decentralization, would
be Invalid and void; persons who I'm.
agine themselves divorced would not
be divorced and divorced persons who
have contracted new marriages would
be In the peculiar position OF being
not legally married, In fact,
Internationally be guilty OF bigamy.
While Judge Gear plainly states
that II his opinion that the alleged
powers Of the Circuit Judges at cham.
bcrs are in conflict with the Organic
Act, he nevertheless does not so de.
eide, and so he can proceed with mat
tCrs In equity. without being inConsist-
ent, unless the guardians representa-
tives should take the question to tho
Supreme Court and that tribunal
should declare that the Judge is right
in his informal opinion. Il the guar
dams counsel do not see 1T 10 take
the jurisdiction question to the Terri.
torisl high court. then II would seem
that the other side. Samuel Parker OF
al. could force the matter to trial on
its merits. At present Judge Gear has
under consideration the proposition Of
setting date for hearing Of the main
case on It's merits.
The Organic Act IN Section 81
places the judicial power OF the Terri.
tory In the Supreme Court, Circuit
Courts and such other courts as the
Territory shall create; hut n Judge at
chambers is not n court; therefore
thee are no powers given the Circuit
Judges at chambers, according TO the
| Organic Act; the Territorial law con
! iCrs upon the judges ut chambers pow
crs to hear and determine In equity
contrary TO the Constitution and the
Organic Act, II Is contended. No such
state of affairs exists outside Of this
Territory. The Territorial law speci
fees the powers Of the Circuit Courts
and then specifics the powers OF the
! Circuit Judges at chambers, when q
Judge Is not O court. Says Judge
Gear in his jurisdiction decision rem
dered this morning:
As the question Of jurisdiction cal
be raised at any stage OF a ease as thu
constitutionality OF the statutes con
ferring upon the Circuit Judges Judi
Iclal power was not determined upor
the ruling upon the demurrer, counse
for the guardian have raised It upoi
an objection to further proceedings IL
the case.
THE question then Is now squarell
presented TO he passed upon rs 4
whether or not such statutes are con
stitutional" Judge Gear here cite
numerous authorities
From the citations II will be read
lily seen that there Is much force In tn,
contention OF counsel for the guardian
and that notwithstanding the fact tina
ioI ON'I lbul years IiTtuit JuuSth u
these Islands have heard aud deter
mined many cases. the claim Of counse
that Circuit Judges cannot exercis
such judicial power, Is one that seem
to he amply sustained by precedent.
while 1t seems to me that counse
Is right, yet the matter Is one OF sucl
grave importance, affecting as 1t doe
every Judgment and decree rendere,
by every Circuit Judge In this Terri
tory since the going into effect Of tn
Organic Act. that with the limited tim
have had to give the question, I an
10th to render any decision thereon. A
! cannot declare that am fully salts
fled that the statutes In question ar
~ conflict with the Organic Act, a
though ! am Inclined to the Opinion
that they are, l shall therefore ovei
, rule the objection"
I