The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-02-25
CHIEF JUSTICE
MAKES REPORT
RECOMMENDS VARIOUS CHANGES
TO THE LEGISLATURE-FA
ABOLIsHING COMMISSIONS.

Chief Justice Frear has issued his
report to the Legislature. The report
covers the last biennial period and con-
tains much interesting information,
relative to the work of the judicial
branch of the government during that
period. The summary of cases shows
a decrease in litigation and a decrease
in the number of criminal cases tried
in the courts. During the years 10000
the civil cases numbered 6,4S9 and the
riminal cases 2O,1O7; but in the next
two years the civil cases had decreased
to 5,232 and the criminal cases to 17493.
The decrease in civil cases was 1857
and in criminal cases 2,614.
The following is from the report:
Bonds In this connection 1 call at
tention to the fact that, nothwithstand-
ing the comprehensive act q. 1905, Act
1909 passed at the last session in re-
gard to official bonds, the law upon that
subject is still in a not altogether salts
factory state. The law requires bonds
of certain officers and authorizes the
governor to require bonds of Their Of
ficers; it also provides that the surety
pany and that in such case the pre-
MUM shall be paid by the Territory.
But there are a number of special pro-
visions in previous laws which require
bonds of various officers which the
new law does not purport to amend or
repeal, none of which contain provi-
sions as to surety companies or the
payment of premiums by the Territory
and some of which require private
sureties."
In commenting on the Supreme Court
library the report states that there
are now $685. volumes. There were
added during the last two years 1858
volumes of which 1858 were purchased.
An appropriation of $4,000 is recon-
mended for the library.
A recommendation in favor of linn
tied number of the Hawaiian reports
and statutes being presented to public
libraries here and elsewhere is made.
The need of repairs to the Judiciary
building and to various court houses
about the territory, is touched upon
by the report. 1t is recommended that
Section 1914 of the Revised Laws as
amended in 1905, relating to terms of
the circuit courts, be further amend
ed.
The entire law, relative to juries
should be put in proper form. In this
connection the reports says:
Jurors fees constitute the largest
portion of the expenses Of the circuit
courts, and the expenEese Of those
courts form the bulk of the expenses
of the entire judiciary department out
side of salaries. Some of the circuit
judges recommend that the attend
ance fees be increased to SO a day,
and some go further and recommend
that they be paid not merely for days of
service but for the whole period of at
tendance and travelling as in the fed
eral courts. This should not be done
unless provision is made also shat
such fees or a portion of them shall be
paid by parties as costs in the case, as
is also done in the federal courts.
There has been a tendency for some
years to depart from the former prac-
tice of expeditions business-like trials
and to unduly prolong trials. This
cannot be avoided altogether so long
as there are clients and attorneys who
feel that there are advantages to be
kdlleQ ny LdNAlNo WHICH III NNANN sAAi'N'
1t can be curtailed to some extent by
firm action on the part Of the trial
judges and to some extent by various
provisions Of law"
About legitimacy the report CON
tinues:
Section 2,2SS of the Revised Laws
provides that children born out Of
wedlock become legitimate upon the
marriage Of their parents, but in Kea-
loha VS.. Castle, II Haw. As, the court
held on the strength of an earlier de-
cision to the same effect, that tnis
does not apply to children Of an adul-
ferrous intercourse. This construction
is contrary to that placed upon similar
provisions by most other courts and