The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-12
THE CIRCUIT
COURT WORK
Continued from Page One.)

cult courts
Bailiffs. That the bailiffs Of the
Judges of this Circuit be made ex OF
ficio assistant clerks and that their
salaries as such be fixed at SloO per
month each. In addition to their usual
duties as bailiffs, there are many ways
in which they can assist the regular
clerks. Such duties will readily sug-
gest themselves to the minds of one
having practical knowledge of such
matters. Moreover, the duties are not
conflicting, but are such that they can
as we'll be performed by one person
as by two.
stenographers. That the shorthand
reporters of the Circuit Court, First
Circuit. be allowed a salary Of 5000 per
month each, which had been, believe,
their salaries for years, until the Leg
islature of 1903, saw fit to reduce it.
1t requires but a moments reflection
to bring TO the mind of one experience
ed in court work the value and neces-
sity of the services of first-class
shorthand reporter. In the work and
administration of justice in the trial
courts, involving as it does the life,
liberty and property of the citizen. 1t
becomes the plain and absolute duty
of the Territory to provide the means
for obtaining and requiring the test1-
mony and other proceedings had there
in, to be accurately, speedily and skill
fully taken down and faithfully tram
scribed.
indispensable skill, ability and ex-
perience should be duly and amply
compensated.
The duties of the shorthand reporter
in courts of record require the exercise
of special abilities and attachments,
which are not only possessed by but
very few of the many who make their
living by shorthand writing but also
necessitate immense practice and con-
slant study in their development, at
times calling for excessive speed and
endurance. He must possess a wide
and varied knowledge of such subjects
as arise in the courtroom, for he must
of necessity understand what is SAD
in court in order to report it, and fire.
quently. in trials involving technical
subjects and expert testimony, has to
give long hours to study and special
preparation as counsel do.
The reporter is engaged at all times
from the opening of court to adjourn
ment, being under constant nervous
strain. His duties have also been in
creased since the last session of the
Legislature by reason of the Supreme
Courts decision in reference to tram
scription ordered by the Attorney Gen
erals Department (16 Haw. 4S3) and
also by the rule of the Circuit Court
requiring him to make and file tran
scripts of the evidence in probate and
guardianship matters. (Rule %,
Amended May 9th, 1so5).
Interpreters. That the Hawaiian,
Chinese and japanese Interpreters each
be allowed a salary Of s125 per month,
and that the pay of special interpre-
tiers be fixed at S. per day.
Terms of Court. That the terms of
Circuit Court be abolished, and that
the Circuit Courts shall always be open
and in continuous session. except on
non-judicial days.
Costs on Appeal. That costs, in APP
peals from the District and Circuit
Courts, be increased, with the view OF
thereby tending to prevent frivolous
appeals, those without merit. or for
time only. And all such costs to be
paid as a prerequisite to the perfection
of the appeal.
Fees of Jurors as Costs. That, in
addition to the usual costs, the fees of
Jurors, or substantial portion thereof,
be taxed against the losing party in
civil actions, and against the defend
ant. when convicted, in criminal ac-
tons, except. of course, where the SEN
tence is death or for life To these
fees there should also be added the
charges for lodging, meals, hack hire,
ETC., for jurors
And a party in civil action desiring
a jury trial to be required to deposit
in advance a sum of money sufficient
10 cover the fees of twelve jurors for
one day, and that he be further re-
quired to give timely notice of his de-
sire for jury trial: otherwise he will
be presumed to have waived trial by
jury. Also, a jury case having been
reached for trial and the parties then,
without previous notice to the court,
waive jury, or having settled the
case out of court, and without previous
notice to the court, shall be taxed each
to one-half of the fees for all jurors
in attendance, unless another case can
be substituted. Moreover, all civil
Eases on the calendar at the opening
If term might be taken as jury
unless trial by jury be asked
'or prior thereto. This would afford
Ill an opportunity to the constitutional
light of a jury trial.
Fees of Jurors. That jurors be al |
owed So per day as fees for their SER
vices, and one dollar for their verdict. |
Act 81 Laws 1905. That, in the event |
erms of court are not abolished, then |
he proviso in said act, that no jury |
rial, in any civil action, shall be COM
nenced at any term of said Circuit
,ourt for the First Circuit, after sixty
SOD days of such term have elapsed,
lnless, etc., to be repealed or stricken
Tut.
Section 223O, r. L. That said section
re amended so as to clearly prescribe
he form and character of the summons
o be issued in suits for divorce and the
ime within which the same shall be
Section 233L, r. L. That said section
e amended so that the publication now
hereby required to be "at least six
INES" shall clearly prescribe whether
UGH publication shall be six days, six
7eeks, six months, or other definite
eriods Of time