The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-03-18
THE SENATE BILL
ANO ATTORNEYS


At yesterdays session of the Senate
the Judiciary Committee reported
adversely ON Senate Bu 81 as follows.
Your judiciary committee has had
under careful consideration Senate bill
No 81 AN Act to Regulate the Adj
mission of Attorneys and Counsellors
at Law and to Repeal Sections 1897 to
1905 of Chapter "a of the civil Laws Of
1897" and report:
This bill seeks to change the pre-
sent law i'm several respects to wit:
/. To give the Supreme Court and
each Judge thereof the power to add
init attorneys to practice before IT, and
to give Circuit Courts and each judge
thereof a similar power as to attorneys
to practice i'm Circuit courts.
,. To allow for disbament by a
jury trial only
g. To provide for am admission fee of
$25.
T. To prescribe new forms of oath
and license.
3. To repeal Sections 1897 to 1905 of
the Civil Laws.
Your committee is of the opinion that
/ there is more than one subject in the
bill, one of which is not expressed in
it's title
! In regard to the ACCESSIBILITY of the
several changes your committee would
say.
| 1. The present law gives the power
| to the Supreme Court only to grant
license to practice in courts of record,
which is the custom in nearly, if not
all the states.
In some states examining boards are
established, but we know of no in
stance when the several kinds Of
Courts of Record can admit attorneys
to practice before their special class of
courts only. We think that the adj
mission of attorneys i'm this territory
is sufficiently guarded with the SUI
preme court having the power to adj
NIT to practice in all the courts Of the
territory, but we would be willing to
have the examinations made by a
board of examiners The bill apparent
ly would not allow Supreme court law
yers to practice i'm Circuit courts nor
vice versa which we think would be
a great inconvenience.
2. In regard to dismissal we find
that nearly all the states, either un-
der the common law Of Statute provide
for disbarment of the Supreme court
alone as is the practice here.
In Indiana and Louisiana the issues
of fact are allowed to be tried by the
Jury. but we apprehend that our Su-
preme Court would be able to ct at
the facts without the Intervening jury
Being three i'm number the court has
some of the attributes of a jury anC
should have no difficulty i'm gettinl
at the facts Whether the facts whel
found are sufficient to warrant disbar
ment is of course matter of law, an'
i'm any case is in the province of tn
court.
Your committee would be glad to SCI
an appeal allowed from the Supreme
Court of the Territory to the Supreme
court of the United States in sucl
cases but this could only be accom-
plshed by an act of Congress.
3. There is no objection to an in
crease of admission fee from $40 t
: $25.
4. There seems to be no good rea
son to prescribe new forms of oath an
license.
>. Sections 1897 to 1905 which tn
bill seeks to repeal sections 1893 to $50
' inclusive covering above matters whic
is not advisable. There are so man
y objections to the bill that we recon-
- mend that It be laid ON the table.
. Laid on the table to be considere
i with the bill.