The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-05-20

Jurisdiction is confined chiefly t
claims against the Territory, count
election contests formerly legislativ
election contests), writs of habeas cor
pus, and extraordinary writs directe
to other courts. In case of the absenc
| or disqualification OF justice his plac
may be filled by a circuit judge. The
decisions Of the court have been pub.
1ished during the last sixty years il
| reports, of which there are now seven.
| teen volumes. During the last few
/ years, such has been the increase il
/ the work of the court, a large volume
/ has been published annually. A prop
0sltion 10 increase the membership o.
/ the court from three to Ave has beer
much discussed during the last few
/ years. This originated from a sup
F! posed necessity for n increase to en-
| able the court TO catch up with its cal
endar, but this was accomplished some
tine ago, and now the argument for
an increase is based on the greater
satisfactoriness of decision by a
anger court, especially if one member
should dissent. 1t would also obviate
n some degree the supposed necessity
Of appealing to Washington in cases
" ,.
The Circuit Courts sit at regular terms
with jury, unless jury is waived, for
the trial of original law cases not be-
gun in the District Courts and in cases
appealed from the District Courts The
circuit judges sit without a jury
throughout the year in equity, probate
and divorce cases; formerly they sat
also in admiralty and bankruptcy
al +, -
the exception of the first, which, owing
to the large amount of business in that
has three judges, who sit separately.
The District Courts, sitting without
jury. have criminal jurisdiction over
misdemeanors, and civil jurisdiction in
cases, except certain classes of cases.
INVOLVING values up to $500. By con-
sent the accused may be tried in the
district in which he is arrested. if that
is different from the one in which the
offense was committed. If the offense
is not of serious nature he may be
summoned to appear, as in civil cases,
without arrest.
There are several courts of a special
character that deserve notice.
court for the registration of land
titles under the so-called Torrens sys-
tenn was established a few years ago.
Registra ton is optional and applica-
tions have been comparatively few in
but are gradually increasing,
as the benefits Of the system come to
be better understood.
Juvenile courts also have been estab-
lished recently. These, however, are
not distinct courts, but the jurisdiction |
IS exercised by the Circuit and District |
Courts. These are authorized to ap-
point probation officers, under whose /
delinquents under the age
# sixteen years convicted OF any Of
tense punishable by not more than two /
years Imprisonment may be placed, in
stead of being sent to an industrial
school, the sentences to be meanwhile
suspended. Juveniles under that age
ire required to be kept separate from
,1der offenders when under arrest and
o be tried at a different time. The re-
uIts of the law have been highly sat
sfactory, especially as administered
~ the District Court of Honolulu,
where alone it has been operative to
n appreciate extent.
There have been for half century
pecial courts for the adjustment OF
private ways and water rights. When
he feudal system had reached its full
development and was finally converted
nto an allodial system by the issuance
f awards to all rightful occupants, it
vas found that many lands We're en-
rely surrounded by the lands or
theirs over which rights of way We're
eeded The Hawaiians anciently de-
eloped elaborate systems of irriga-
ion by which water was led from
treams in bitches and distributed by
uantity or time among those entitled
D water. the method of division vary |
1g in almost every valley. These two
Ia tiers were deemed to be of such i'm
ortance and of such a character as to
eouire a separate tribunal for their {
The jurisdiction is equi- {
able in its nature, but of greater elias '
city than the ordinary jurisdiction of q
court of equity. The incumbent for E
he district Of Honolulu is a part-Ha- :
allan woman
The jury system, as it existed before t
nnexation, presented several interest
,g features. Trial by jury was intro
uced in capital cases as early as 1925,
n the advice of Lord Byron, cousin
{ the poet, and in civil and other t
riminal cases in 1912. The jury con- h
sted of the usual number. twelve, but +
verdict could be rendered by nine, S
kept that until 1S47 unanimity was O
equired in capital cases. In a GRIM /
lal case against a Hawaiian or civil C
ase between Hawaiians, the jury was a
imposed of HawaiianS. Similarly, in j
asses affecting foreigners, it was COM F
osed of foreigners. In a civil case
etween a foreigner and a Hawaiian it s
as composed of foreigners and Hawai- t
ms in equal numbers. Foreigners for q
le purpose of jury duty included all S
ersons of foreign descent, whether /
liens or citizens, and Hawaiians in
uded part as well as pure Hawaiians. t
he practise of dispensing with unan- S
nifty worked well, and much regret |
as felt that it had to be abandoned r
n the extension of the Federal Con- t
Litution to Hawaii: but the racial sea- t
ire which was abolished by the Or a
anic Act of the Territory, had long t
lrviyed its necessity and would prob t