The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-03-04
BAR ASSOCIATION
CONSIDER BILLS
They Favor Law Allowing the
Government to
Appeal.

| The Hawaiian Bar Association met
yesterday afternoon at Republican
headquarters and received a report
from previously appointed committee
on legislation. Several Important mat
tiers were passed on and some bills now
before the Two houses were either ap-
proved or objected to.
The first matter of Importance was
| the committee S report ON whether the
/ territorial government should be given
the right 10 appeal to the Supreme
Court upon decisions Of law made by
the Circuit or District courts. The re-
port favored the government IS right to
SO appeal and the committees reasons
for this decision were given as follows:
Your committee having considered
the matter of allowing appeals to the
Supreme Court by the government in
criminal cases says that the reasons
given in the debates in Congress upon
the passage of the Federal Act allow
ing appeals to the government apply
well to the facts in this Territory.
1t was said by such men as Sem
ator Spooner and Senator Knox in ad-
vocating the appeal statute that it was
found by the people of the various
states, naming twenty, that the old sys-
tenn which we have adhered to of deny
ing all right of appeal in criminal cases
to the states was unjust to the people.
The old law, it has been thought, gave
too many technical advantages and
grounds for indefinite delay to the de-
fendant IN criminal cases. While the
right of the defendant should be care
fully guarded the Legislature has
duty to safeguard the interests of the
people as whole.
s.As the law now stands there are
as many rulings Of law in favor of
the defendant in criminal cases as
there are circuit judges and there is
no way to settle the law by decision
of the Supreme Court
ttWe think that with proper safe.
guards there should be an appeal allow
ed so that the government can secure !
ruling of the Supreme Court on
point involved with the least incon-
venienee to the defendant. We submit
the inelosed copy as proposed law
upon which to act at this session of
the Legislature.
Respectfully submitted,
Up. L. WEAVER, Chairman,
"W. O. SMITH,
ssGEO. A. DAVIS.o
A form of bill, being copy of the
Federal statute of 1907 on the same
subject, was presented and approved |
The former objection to this form of |
legislation was that defendant would |
have to stay in Jail while the appeal
was being made unless he had bonds |
men. This was obviated by providing |
that the defendant should be let out |
on his own reeognizance.
Favor Divorce Act.
The association approved the sugges
ton that the divorce laws should be |
changed so that desertion could be
proved after one year and sixty days
should be enough to warrant a charge
of non-support. The bill now before
the Legislature to make it unnecessary
for libel to be served on the Attorney |
General in divorce cases was also ap,
proved.
Senate Bill No. 7, allowing guardians
to charge premiums on their bonds, was
approved as was also Senate Bill No. |
II, giving the court power to provide
for widows out of the estate of the
deceased.
The association disapproved of the
garnishment act now before the House
but approved of Bill No 80, requiring
the government to provide copies of
indictments for those unable to pay for
them.
The question of whether the Attor.
ney General and his deputies should be
allowed to practise was decided in the
negative and the City and County At
torney was included. This aroused a
discussion.
The last work of the meeting was to
approve the transfer of the work of the
Land Court to the Circuit Court.
TO CONSIDER LIQUOR BILL.