The Hawaiian gazette., 1905-09-15

Gin PROFOUND

A judiciary middle. that makes the
most reconcile problems OF the transit
ton period look simple by compare
son. at this moment stalls all proceed
ings due for the September term OF
the Circuit Court OF the First Judicial
Circuit.
To use a stock word Of legal plead
jngs. II is a "multifarious" muddle.
There are enough corners to round be
fore the court can resume the even
tenor of its way that the situation
takes on complexities vylng with those
of an Egyptian maze.
First, the three judges are at a loss
10 know whether or not the September
term has yet been opened, notwith-
standing that a grand Jury has re-
ceived the charge of the presiding Judge
and trial jury panels have answered
roll calls.
The law says that the September
term shall begin on the first Monday
in September.
The law says that the first Monday
In September, being Labor Day, is
legal holiday.
The law does not except sundays ana
legal holidays from the time limits it
sets for the First Circuit Court, though
it does make such exceptions for the
courts of the other judicial circuits.
The law says the Supreme Court
may issue writs of habeas corpus on
Sundays and holidays. Whether and
how far this excludes other courts from
exercising any functions on Sundays
and holidays may be one OF the cor
ners to get round.
Anyhow, three lawyers in gravest of
criminal cases have raised the issue,
that, as the court term did not open
on the first Monday in September, as
the law is mandatory that 1t should
have done, 1t is not open and can never
be opened as the September term. 1905.
The lawyers are former Supreme JUS
tice A. Perry, defending Takada for
murder; Henry Hogan, defending Con-
gales for murder. and former Circuit
Judge A. S. Humphreys, defending All
On for perjury. All three are assign
ed counsel, their clients being des-
titute.
Next, there is a double complication
over the drawing of the juries for the
probematic term. Former Circuit
Judge Stanley yesterday, in a civil suit
called before Judge De Bolt besides
pleading the Labor Day no term OBJ
lection. moved besides to quash the
jury panel on the ground that 1t had
been illegally drawn. The point was
raised that 1t had not been drawn In
accordance with the new legislation
of juries enacted this year.
Curiously, another lawyer stood
ready to object to the jury On the
ground that IL had been drawn accord
ing to the amended law of 1905. And,
stranger still, the judges really can
not say, at first blush. whether the
old law or the new law has been fol-
lowed in drawing the juries, or which
ought to be followed. This is because
the new jury statute Is problem in
itself.
1t has been freely published that the
various puzzles hereinbefore mention
into the Supreme Court, and in this
connection that Judges De Bolt and
Lindsay will sit in the two temporarily
vacant places with Chief Justice Frear
to hear the matters, as Judge Robinson
has the questions already under adj
visement from receiving assignments of
the first batch of criminal cases from
Judge Lindsay, of the term presiding.
Such statements are all premature. If
Judge Robinson is disqualified from
having the points raised before him,
so now is Judge De Bolt after yester-
days proceedings in his court.
In the hearing of the points before
Judge Robinson, Judges De Bolt and
Lindsay only sat with him for informa-
ton. There is no Circuit Court in
banc.
AS a matter of fact, whatever is to
be done has not yet, in any legal form
beyond the initial pleadings, been be-
gun.
Judge De Bolt will probably, how
ever, reserve the points raised before
him for the Supreme Court, and this
Is likely what Judge Robinson will
likewise do.
II the Supreme Court decide that
there is no September term and no
jury panels either or both, relief for
the first embargo on justice will, 1t Is
believed, be available through the stat
utory provision for holding special
terms. and. for the jury impasse, by
some definite elucidation of the jury
law by the highest court which will
guide the judges in having juries le-
gally drawn.