The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-06-05

clearly defined naturally it was better
observed.
cit would seem, however, even after
the regular organization of the Judlcl-
arv. the proceedings in the courts were
somewhat informal. In the lower
courts. the judges. sitting one or two
at a time, acted as both Judge and pros
ecutor; the Judge would examine the
witnesses and otherwise conduct the
trial. There were no lawyers in the
kingdom until the arrival Of John Ri
cord IN 1914. who became the first at
torney-generaI The pleadings were of
the most informal character. The
Judges after 1914 usually had the assist
ance of the attorney general III the
writing of the opinion OF the court,
This practice continued down to a
late date. 1t would seem that the at
tornev-general made himself very use
full in those days. What a relief 1t
would be to the judges now, if the at
torney-general would only look up all
the authorities on both sides Of case
clear away the doubts and troublesome
questions. and then write the opinion
for the court. The courts of these isl
ands IN former days, as well as at the
present time, had and still have trou-
beS which were ana are peculiarly their
own. But more especially was this
true in the oIden days. The isolation
OF the islands deprived the courts of
many advantages which they might
otherwise have had and which we now
enjoy. Books Of authority were scarce
and difficult to obtain. The Judges were
not lawyers; and they were further EN-
barrassed IN this respect by reason Of
the fact that there were no lawyers
TO conduct the causes tried before them.
They were not only dealing with peo-
pie as a rule who had but little knowl-
edge of court procedure, but who knew
bat little about civilized government.
The difficulties of former days, how
ever, have. to a large extent, passed
away. Perhaps our greatest difficulty
now. aside from those difficulties com
mon to all courts. is the great variety
of races with which we are required to
deal. This necessarily presents human
nature in all its possible phases. And
it also renders it necessary to use a
large number of court interpreters,
Seldom is a ease tried without the
services Oh one OF more interpreters
Sonnet mes two and even three inter
prefers are necessary to examine a
single witness. Every lawyer and Judge
knows how difficult it is to obtain the
actual facts involved in a case through
an Interpreter. to say nothing of the
time consumed.
''The courts of the Hawaiian Islands
from time to time, during the entire
history of their existence. have had
many novel and important questions to
consider and determine Prior to the
annexation of Hawaii to the United
States. the fact that the Islands had.
for q century or more maintained and
occupied the position of an independent
nation among the civilized powers of
the world often rendered it necessary
for the courts to adiUdicate questions
of great impRtance. questions of ma
tional as well as of international mo-
ment. Annexation. together with its
transition period, also presented some
grave and perpleXing constitutional
questions. which our courts handled
with consummate ability. I was not
member of the Judiciary at that time.
''lt now appears. as we read the
signs of times. that we are about enter
ing upon that era of commercial and
maritime activity, concerning which
William H. Seward long since prophe-
sled that the Pacific ocean was destined
to experience; and it would seem to
follow, as a logical sequence, that by
reason of the Territory of Hawaii be
ing in the very midst of this prophetic
activity, that our courts must neces-
sarily expect, and accordingly should
be fully prepared to grapple with many
intricate and important questions, which
from time to time. no doubt, will arise