The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-02-23
THE BILL FOR A NEW JUDGE

one matter, proceeding against an
alleged lumber trust nearly 1000
pages of evidence has been submitted
for consideration. The criminal bust
ness is constantly increasing in var
iety, 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 transac-
ton of business which arises under
the federal laws. The distance from
the mainland is too great for practical
relief by the temporary assignment
of a Judge from those districts. The
congestion is not a temporary condi-
ton. 1t results from a general in
crease of business. 1t is therefore re-
commended that the bill to poss."
! This provision has also been con-
sidered by the Department of Justice,
as is indicated by the following letter
from the Acknowledgement of the
United States:
Department of Justice,
Washington, April 6, 1908.
My Dear SENATOR beg to advise
you that your letter of January 49,
1908, calling attention to the necessity
for an additional district judge for the
district of Hawaii, and inclosing a
draft of a proposed bill providing for
such additional judge, was duly re-
ceived, and has been given careful
consideration.
1T appears, by comparison of the
proposed bill submitted by you with
section sc, of the act of April 80, 1900,
which it is proposed to amend by the
said bill, that the provisions of the
two are practically identical with the
following exceptions:
First The bill provides for an ad-
ditional district judge.
Second The bill provides for a
method of apportioning work between
the two district judges
Third. The bill omits the special
provision for g term of court at Hilo,
Hawaii.
Grct- m
to be the only one which calls for spe-
cial comment. This matter was
brought to the attention of the Unit
ed States district Judge and the United
States attorney for the said district,
with a view to ascertaining whether
or not they considered an additional
judge necessary, and the department
is now in receipt of statements from
them to the effect that, on account of
the number and importance of cases
! both civil and criminal, now pending
} and about to be instituted in the dis
trict court for Hawaii, there is an ur-
gent necessity for an additional judge
for the said district. The department
) the governor of Hawaii and from the
chief justice of the supreme court fol
the said district, urging the necessity
: for some provision for an additions
, district judge, in order to relieve the
S congested condition of the calendar o.
E the United States district court.
| 'In addition to the foregoing, it also
, appears that there is an almost con
4 slant necessity for the use of an in
terpreter during the proceedings o
t the court in question, which makes
the trial of cases consume much more
time than is necessary in other juris
t dictions. Attention has also beef
, called to the fact that there is nov
s no provision for the relief of the pre-
1 sent district judge in case of his dis
A qualification in any particular case o
= his absence from the district for an
t reason.
s with reference to the foregoing, /
e might be we'll to invite attention t
I the fact that the draft of the propose
bill submitted by you seems to b
i practically the same as House bill
: Nos. 1923 and 1862.
IS Respectfully,
e CHARLES J. BONAPARTE.
u Attorney General.
II HON. C. D. CLARK,
Chairman Committee on the il
lie dietary, United States Senate