The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-02-23
Especial Correspondence OF The Starr


bill which passed the House May 26,
last, to provide for an additional
judge for Hawaii. The bill as amend
ed by the Judiciary Committee and as
to the Senate is as follows:
That section eighty-six OF the Act
April thirtieth, nineteen
hundred entitled AN Act to provide
for a government for the Territory of
Hawaii" be, and the same is hereby
amended to read as follows:
Section &C. There shall be estab-
lished in the said Territory a district
court, to consist of two judges, who
shall reside therein and be called dis
trict judges and who shall each re-
ceive an annual salary of seven thou
sand five hundred dollars. The said
court while lin. session shall be pre-
sided over by only one of said judges.
The two judges shall from time to
time, either by order or rules of
court, prescribe at what times and in
what class Of cases each of them shall
preside. The said two judges shall
have the same powers in all matters
coming before said court.
THE President of the United States,
by and with the advice and consent
of the Senate of the United States,
shall appoint two district judges. a
district attorney, and a marshal of
the United States for the said dis
trict, and said judges, attorney, and
marshal shall hold office for six years
unless sooner removed by the Pre-
sident
THE said court shall have. in ad-
1ition to the ordinary jurisdiction OF
district courts of the United States,
jurisdiction of all cases cognizable in
circuit court of the United States,
and shall proceed therein in the same
manner as a circuit court; and the
said judges, district attorney, and
marshal shall have and exercise in
the Territory of Hawaii all the pow
ers conferred by the laws of the Unit
ed States upon the judges, district at
torneys, and marshals of district and
circuit courts of the United States.
"Writs of error and appeals from
the said district court shall be had
and allowed to the circuit court of
appeals for the ninth judicial circuit
in the same manner as writs of error
and appeals are allowed from cir
cult courts to circuit courts of ap-
peal as provided by law, and appeals
and writs of error may be taken to
the Supreme Court of the United
States from said district court in
cases where appeals and writs of err
ror are allowed from the district and
circuit courts of the United States to
the Supreme Court, and the laws OF
the United States relating to juries
and jury trials shall be applicable to
said district court. The laws of the
United States relating to appeals
Writs of error. removal of causes, anc
other matters and proceedings as be-
tween the courts of the United States
and the courts of the several States
shall govern in such matters and pro.
ceedings as between the courts of the
United States and the courts of the
Territory of Hawaii. Regular terms
Of said court shall be held in Homo.
lulu on the second Monday in Apri
and October, and special terms may
be held at such times and places il
said district as the said judges may
deem eXpedient. The said distric
judges shall appoint a clerk of SAT-
court at a salary of three Thousand
dollars per annum and shall appoin
a reporter of said court at a salar!
of one thousand two hundred dollars
per annum: Provided, That writs o
egror and appeals may also be takel
from the supreme court of the Ter
itory of Hawaii to the Supreme Cour
of the United States in all case
where the amount involved, exclusiv
of costs, exceeds the sum or value o
five thousand dollars
THE wisdom of creating a fedora
court in Hawaii has ben amply JUS
titled by the result. Not only doe
the court hold noted position in tn
community as a visible expression O
the federal power in the Territory, br
the business before it has increase
far beyond the anticipations OF tn
commission. The work of the cour
has developed to a point where 1t
clearly beyond the capacity Of on
Judge. On both the criminal and civ
sides the cases have multiplied
number and Importance. A statemen
by the clerk of the court shows thi
among the admiralty cases pendin
some are of the first Importance, nc
tably the salvage cases growing OF
> of the stranding of the Pacific Ma
> Steamship Company's fine ship, II
L Manchuria, in which a third of a mi
lion dollars is involved. There a.
also pending several civil causes
which the United States is a part
In one, a condemnation proceeding
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