The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-23
ORhTORy AND
WIT HOLD SWAY

HvIl IIULU UEunI
Continued from Page Two.)
at a cost of four dollars and eighty
cents.
A joint monument marks the rest
ing place of these distinguished vic
| Tins of aeroplaneitis. On Judge Dole s
side of the monument is inscribed the
following:
"In this hole
| Lies Governor Dole,
He fell from the skies
And here he lies,
Rest to his body and peace TO his
SOUL
On the other side of the monument
appears the following:
cold spendthrift trust
Was honest and just.
He went too soon
Did J. A. Magoon,
If the Lord don t take him the devil
must -
/ trust that YOU will pardon me, my
brethren of the bar, for intruding my
peculiar political views on this occa-
Sion; but I am mindful of the saying
of Lord Coke that "Judges should be
grateful to that. counselor who be-
guiles the tedium of judicial proceed
ings with a little honest hilarity.'
And in all seriousness I conclude by
saying to Judge Woodruff that the bar
of Honolulu honestly and earnestly
and cordially welcomes him to this
beautiful city.
The paper of Judge Robinson of the
First Circuit Court, entitled "The Cir
cult Court, follows:,
AS / am, with but one exception,
the oldest Federal judicial appointee in
the Territory, in point of years OF SER
vice. / can speak with some degree of
assurance Of and concerning the sub
iect matter of the toast to which [
am called upon to respond.
The circuit courts of the Territory
of Hawaii are the forums of its peo-
pie as these courts are brought into
immediate daily contact with the warp
and wool of our body polite and it is
to them that our citizens look for
prompt and efficient aid in the assertion
of their rights and in the redress of
their wrongs.
Although in the past these courts
have been hampered and impeded by
unwise legislation in comforting upon
them insufficient and inadequate juris-
diction, or in limiting and restricting
the jurisdiction already conferred, and
in foisting upon them rules with ref
erence to practice and procedure that
had nothing to recommend them save
and except the rime of age and the
must of antiquity, still [ am convinced
that their records win show and history
will demonstrate that their achieve
ments have gone far towards the adj
vancement and development of this
Territory along traditional American
lines
Almost without exception their eff
forts have been uneeasing in promul-
CATION and announcement of definite
and settled rules of decision, of uni
form and general application, along
rational, logical and legal lines that
tend to give the people of this Ter
ritory a feeling of confidence in the
impartiality and integrity of their
judgments.
The circuit courts of this Territory
are courts of record of general, orig
inal, common law jurisdiction. and
generally their powers in the exercise
of this jurisdiction is limited only by
unfortunate legislation imposing upon
them the Anticipated term system and
in regard to the summoning of grand
and trial jurors, under which the pow
er of the court and its officers in the
selection of competent and qualified
persons to serve and act as grand and
trial jurors is delegated to couple
of experts, whose only qualifca-
tion is that they shall be of different
political parties, there being little or
no limitation upon such ordinary dis
erection as they may. possess. the exer-
else of which discretion being in some
instances, wonderful to behold. It is
true that by recent enactment the mere
striking of clock does not erect an
insurmountable barrier to the further
progress of case actually on trial,
but case actually on trial may be
continued until completed. the term
being extended for the purpose of com
plotting the trial of such case without
formal order to that effect or for
that purpose, but such enactment mere
ly emphasizes the absurdity of the
term system.
Unfortunately, also, the legislatures
of the past have not seen fit to confer
upon the circuit courts, as such, gem
eral equity jurisdiction to be exercised
concurrently with their common law
jurisdiction, in accordance with the
trend of modern legislation on the
same subject elsewhere. but has con-
ferred such equity jurisdiction upon
the Judges of the circuit courts. so
that we are frequently confronted with
the anomaly of the presiding Judge of
circuit court, acting as chancellor.
issuing an order restraining the cir
cult court over which he presides from
proceeding further in an action at law
therein pending, until the defendant
IN the action at law has had an op-
portunity of setting up, by way of bill
IN equity, some equitable defense in
order to plead any decree which he
may recover in the suit in equity. bv
way of answer to the complaint in
the action at law.
The TQoiSlafpro hog ,1ea 49, cl /