The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-01-05
WORK Of FIRST
CIRCUIT COURT
Continued from Page Three.)

CONTINUED from Page Three.l
and material point at issue, free from
all bias, prejudice and craftsmanship.
The position, as well as the testi- |
mony, of such witness, thus necessari-
ly fair and impartial, has due weight
and credit given it by the jury.
The present method is unsatisfactory
and fails to meet the requirements of
justice. Experts called by the res
pective parties must necessarily be
more or less partisan, and this fact,
coupled with the usual conflict in their
testimony, tends to destroy the force
of the testimony of each witness.
Should the legislature not deem 1t
proper to authorize the courts to APP
point expert witnesses when needed,
the appointment of an impartial lun-
acy commission might be provided for
as is done in some of the states.
EXEMPTIONS FROM ESTATES OF
DEcEpENTs.
With regard to that portion of the
personal estate of a decedent, con-
sisting of all the household goods and
furniture and other personal property
or money to the value or amount of
$500, l would suggest that such por-
ton of the estate be exempt from ad-
ministration when the decedent
leaves surviving him widow or min
or children, and that the same vest
Immediately in the widow, if any, 9TH
erwise in the minor children, free from
all claims of creditors of the decedent,
as well as free from all costs of adj
ministration or in any proceeding in
stituted to establish the fact that the
law of administration does not APP
ply.
The statute should ne so framed as
to also include the minor children of
a deceased widow
Should the surviving widow not be
the mother of the minor children OF
the deceased, then she should not be
permitted to claim under this statute
, only on condition that she permit such
= minor children to remain with her as
her own children and have and enjoy
the same rights as if they were hel
q own children.
= CLERKS SUPREME AND CIRCUIT
t COURTS.
= With the view of securing better
y service and more thorough and sys
1 tematical arrangement in the work o
| the clerks of the Supreme and Cir
cult Courts, l would therefore sug
e gest and respectfully urge an abso
d Lutte and total separation of the ofd
t ces of the clerks of the Supreme ant
g First Circuit Courts. This separation
b with its manifest and conceded advan
e tages may be had without any add
e tional cost to the public SO far as tn
clerical force is concerned Tn
change would increase the clerica
force in the Circuit Court by on
clerk, with a corresponding decreas
in the Supreme Court by one clerk
INHERITANCE TAX.
Section /. Act 1O2, Laws of 1905
should be so amended as to include
not only "All property which shall
pass by will or by the intestate law
of this Territory but also all prop
n erty within this Territory which ma
. pass by the will of a nonresident o
by the interstate laws of any state
territory or country.
JOINT AND SEVERAL o5LlGA
= TIONs.
a Relative to joint, as well as join
y and several obligations, ex contractt
IL l would suggest that appropriate leg
islative provision be made whereof
u the survivor and the personal repre-
IL sentatives of a deceased party to sue
If obligation may be joined either a
n plaintiffs or defendants in an actio
for the enforcement of such Obligf
tons.
BONDS OF EXECUTORS, ADMIN
N ISTRAToRS AND GUARDIANS.
n For the better protection Of estate
d | would suggest the enactment of
N statute requiring all bonds of excel
tors, administrators, trustees an
guardians, to be signed by an approx
u ed and responsible incorporated con
s, pany as surety for the true and faiti
lie full performance of all duties for whic
lie such bonds shall be required and gi'
M en-: Provided, however, that not les
than two natural persons (freeholt
ers) may be accepted as sureties III
- ON justifying under oath in double tn
IL amount of the penal sum named
lie the bond.
as Natural persons, by reason of tn
- nf 40 ca
As Element and distribution of their e
f. tates and the danger of their inso
vency before settlement may be ha
of an estate, renders such sureti'
= unsafe as compared with a responsib
corporation.
| would further suggest that a re