The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-03-06

| Hipft. oIucIS u COdlG SNNLil ~ ~ ~
| small Importance.
Tin the Third Circuit there are
! thirtv-nine cases on the docket, dis
tributcd over the years as follows: Six
in 1901; one in 1902; three in 1903;
| five in 1904; two in 1905; six in 1906;
eight in 1907; eight in 1908.
I'm one case final acts had been
filed. In two cases, letters of admin
istration had not issued.
recommendations Made.
E.In six cases there were some signs
of life, but in thirty cases the rec
ords do not show that any action has
been had in them since the admins
traitors were appointed.
I'm the Fourth Circuit, fifteen cases
are in the docket. All but two seem
to be receiving some attention. In
one, the attorney is trying TO find the
administrator. In the other the adj
mnistrator was ordered to file an in
ventory in thirty days from December
!. 1906. but so far nothing has been
heard from him.
Gin the Fifth Circuit, only one case
is left pending-entered September "a,
1908; hearing November ), 1908, and
continued, owing to inability of coun-
sci for petitioner to be present, to
January 10, 1909 This case is very
recent, but shows that the court Is
following up the case promptly.
"'Though this committee is unable
to enter into the merits of these cases,
and as they are of private matter
and no law gives the Attorney Cen
eral s Department the right to inquire
into the reasons why these eases are
SD long pending, or why these various
court orders seem to have been treat
ed so slightly, yet your committee be-
lieves that some good may come of
this investigation, and your committee
ulges the various circuit Judges to
make a close investigation Of all pro
bate cases pending, as your commit
tee is convinced that many of these
cases should have been settled long
ago
The report of the Judiciary Commit,
tee was adopted on a unanimous vote
following the motion of Coelho, the
introducer of the resolution.
Petition from Kauai.
Senator Knudsen Of Kauai presented
petition from the residents Of Kealla,
asking an appropriation for a pipe line
to supply water to that place. The
petition was referred to the Ways and
Means Committee.
The Judiciary Committee reported
favorably on House Bill No. 81, entitled
an "Act to amend Chapter IA of the
Revised Laws of Hawaii, relating to
Taxation. Educatio and Judicial
Districts The object of the bill is
to amend Paragraph 3 Of Section l2o
of the Revised Laws by striking out
all of the words after Puma" begin
ming, ''but for, etc.
The report says cas- the Ahupuaas OF
Olaa and Keaau belong to Puma and
are much more easily administered by
the officers of Puma, your committee
can see no reason why they should be
part of South Hilo District and SO
recommends that the bill pass" The
report was laid on the table to be CON
sdered with the bill.
House Bill No. 20 was reported favo-
rably by the committee but upon the
suggestion of President of the Senate
Smith action was postponed on the
measure. The bill is entitled AN Act
to Amend Section 2S16 of the Revised
Laws of Hawaii" and the object to
give Judges discretion to grant fee
not to exceed 800 to any lawyer who
has been assigned by the court to de-
fend some impecunious criminal.
The report states that cas- rule
young lawyers are only too glad to be
assigned to eases, as the experience
and advertising they thus get more
than repays them for their time and
trouble In some of the outlying cir
cults, however, this custom of assign
ing counsel has acted as a hardship,
and in those cases fee might properly
be paid. The power to grant this fee
should be limited, however, to the
Judge of the Circuit Court before
whom the case is actually tried, so
your committee has amended the bin
in that PARTICULAR
Smith Asked Delay.
President Smith desired to be heard
on the subject, ana Vice President of
the Senate Kalama took the chair of
the presiding officer.
81 am afraid that if this bill be-
came a law in its present FORM said
President Smith, cit would result in
abuse and possibly cause people able
to pay for the services of lawyer to
pretend that they could not and thus
impose on the court. This should have
careful consideration, and / move that
it be continued until tomorrow
The motion of postponement was put
to a vote and carried.
An exhaustive report was submitted
by the judiciary Committee on Senate
Bill No. As, an Act to repeal section
259 of the Revised Laws relating to
covenants for renewal at auction of
certain government leases. The re-
port of the committee is favorable to
the adoption of the measure, and in
part says:
"This section forms a part of Chap
ter p of the Revised Laws. which
chapter authorizes the Superintendent
of Public Works, with the approval of
the Governor, TO lease government
lands under his control in accordance
with certain prescribed conditions The
particular section under consideration
briefly summarized, requies that a
covenant be inserted in every such
lease to renew the same upon request
of the lessee unless the premises Gov
pPnd nv fba loorn e,