The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-05-18
REPORT ON EXTRA
FEDERAL JUDGE
Wisdom of Creating a Federal Court
In Hawaii Amply
Justified
SLIGHT CHANGES PROPOSED.
Mention Is Made Of Amount and
Importance of the Courts
Work

to the House of Representatives by |
Mr.. Alexander of New York, on the |
bill amending section Sc of Act to !
provide government for Territory of |
Hawaii, so as to provide for additional |
Judge:
The Committee on the Judiciary to |
whom was referred House bill 1898, |
submit the following report.
This bill in no wise changes existing !
law, except to provide for a second |
Judge, and the manner of dividing the
business of the court between the two,
and in not making it obligatory to
hold a term OF the court at Hilo.
Cong ess, III establishing a govern
ment for the Territory Of Hawaii, in
addition to the Territorial courts,
created a court of Federal jurisdiction
to take Cognizance of purely Federal
matters and of the admiralty jurisdic-
ton. The Cullom Commission, ap-
pointed by the President, following
the Newlands resolution of annexation,
visited Hawaii and made an eXhaus-
tive study and report upon conditions
existing in the new territory. The
status of Hawaii differed from that of
the Territories in general in that for
fifty years Hawaii had held a place as
an Independent nation, recognized by
and having treaty relations with the
principal nations of the earth and hay
ing a judiciary which had an interna-
tional standing. Consular courts
never had place in the history of
Hawaii, the great nations being salts
fed to intrust the interests of their
citizens in litigation to the courts of
the country. Recognizing this, the
Cullom Commission put the Terrific
rial courts on footing as near as
possible that of a State, thus perpe-
tuating the judicial system heretofore
in force and continuing its form of
practice and traditions
In further recognition of the ad-
vanced commercial development of Ha-
wall and of the Importance of the ad-
miralty business arising there, and the
large place this had always occupied
in Hawaiian jurisprudence, and in the
confident belief that it's Importance
would vastly increase with the increas-
ing commerce of the Pacific, the Com
mission. as above stated, recommend
ed strictly Federal court having the
Jurisdiction of district and of a cir
cult court of the United States. The
Commission intended this court to be
a constitutional court Congress-
however. made a change at this point
and provided that the district judge
should hold Office for six years.
The wisdom of creating a Federal
court in Hawaii has been amply JUS
tilted by the result. Not only does
the court hold noted position in the
community as visible expression OF
the Federal power in the Territory,
but the business before it has increas-
ed far beyond the anticipations OF the
commission. The work of the court
has developed to a point where it is
clearly beyond the capacity of one
Judge. On both the criminal and
civil sides the cases have multiplied
in number and Importance. A state
ment by the clerk of the court shows
that among the admiralty cases pend
ing some are of the first Importance,
notably the salvage cases growing out
of the stranding of the Pacific Mail
Steamship Company's fine ship, the
Manchuria, in which a third of mil
lion dollars is involved. There are
also pending several civil causes in
which the United States is a party
In one, a condemnation proceeding to
settle the title to land required for
Federal purposes, the judge himself is
necessary party defendant in conse-
quence of being a trustee of an old
established charity.
On the criminal side Of the court
cases are pending, in some of which
two and more indictments have been
found. These cases range from a
murder on shipboard to a great variety
of violations of Federal statutes. The
district attorney states that the en-
tire time of the coming term will be
occupied by the criminal calendar, to
the exclusion of all civil business. In
one matter, a proceeding against an
alleged lumber trust, nearly 1000
pages of evidence has been submitted
for consideration The criminal bust
ness is constantly increasing in variety,
one instance being the cases growing
out of the pure-food laws. The district
attorney is of opinion that the work of
the court is beyond the power of one
judge to dispose of, and the judge feels
keenly that the accumulation of cases
is resulting in an impairment Of the
| right of speedy trial.
Congress ought surely to provide
adequate machinery for the transaction
! nf Iugipacg uhiab arigag nndar tho