The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-02-21
POINTS OUT FAGTS
OF DIVORCE EVIL
CHEF JusTrCn DRAWS ATrEN
TON TO uSoRBAsrN0 NUN
BIER OF SEPARATIONS.

The report Of Chief Justice Hartwell
Of the supreme court to the Legislature
contains mach Of general interest and
come paragraphs relating TO divorce Of
especial interest. The chief Justice
said:
Pursuant to section 1907, R. l., /
submit to your honorable body tho FOL.
lowing report Of the business Of the
department Of the judiciary and Of the
administration Of justice during the
biennial period ending December 81,
1910:
The accompanying statistical tables,
prepared by Mr.. Justice Perry from
the records Of the supreme court and
reports Of the judges and magistrates,
show the humber and nature Of the
canses and proceedings, in those courts
and such further information concern
ing the same as Is required by section
1858, r. l., as amended by act IL, s.
u. 1907.
al hear Of no unnecessary delays by
circait courts on magistrates in causes
and matters before them. IN the su-
preme court cases are heard as soon
as they are ready for argument and are
decided without undue delay, a course
which has resulted in fewer appeals,
for the purpose Of delay, than were
brought in former years when the cal
endar had become eongested AMI
thereby ah1 appellant wis enabled to
defer for . long time d final judg-
ment
Judges RepOrts.
tI recommend that the reports re-
quired by the statue to4b6 made to the
chief justice tie made to the secretary
Of the Territory as the statistics are
Incorporated in the Governors report
to the secretary of the interior and
would appropriately appear in his
message to the legislature. The cleri-
cal work of tabulating them to con-
form to his report and message would
more conveniently be done in the
office of the secretary of the Territory,
under the Immediate supervision Of the
Governor.
Expenditures and Estimates.
cat the request of the Governor 1
have obtained for him from the circuit
judges a statement of the expenditures
in the circuit courts during the period
and their estimates of appropriations
required, and have furnished him a
statement of the same with reference
to the supreme court. As he will pre-
sent these matters to the legislature,
or they win be shown in the reports of
the treasurer and auditor, it is lnnec-
essary for me to incorporate them in
this report.
Personnel OF Courts.
fThe following changes have oc-
Cured in the personnel Of the supreme
court and circuit courts, namely.
t'Upon the resignation of Mr.. JUS
tice Ballou, Mr.. Justice Antonio Perry
was appointed in his place May 6,
1909.
"Upon the resignation of Mr.. JUS
tice Wilder, Mr.. Justice De Bolt was
in his place January 25,
1910.
eIn the first circuit Judge Henry E.
Cooper was appointed March Z, 1910,
to succeed Judge De Bolt; Judge VIM.
L. Whitney was appointed May 6, 1909,
to succeed Judge Alexander Lindsay
Jr., who became attorney general.
''In the second circuit Judge Seldom
B. Kingsbury was appointed February
8, 1909, to succeed Judge Kepoikai; re-
signed.
Magistrates have been reappoInted
on the expiration of their terms of
office if they desired to continue in
office and appeared to have given rea-
sonable satisfaction. 1t has been my
aim to appoint them upon their quail
feations for the Office and entirely
without reference to their political
or party affiliations. I
think, however, that for important rea-
sons the appointments should be made
by the l6oBefnoFgis Teanif4ng re-enaet-
nient Of section 1860, r. u, which was
by act 81, s. D. 1905.
Separation Of Records yand Clsrical
Force OF Supreme and Circuit
Courts.
Gan Of the, members of The supreme
court and the first circuit court are Of
the opinion that the pec0I3s, Of the two
courts should be kept distinct from
each other and under separate eleri-
cal force, requiring amendment of
chapter 1l5, R. L., relating to clerks.
Appeals TO y. S. Supreme Court.
During the last biennia, period six
cases have been appealed to the United
States Supreme conrt ne against if
teen cases appealed in the previous bi,
ennial period. Of the SIX appeals
three are pending and in three iudg-
ments were reversed. OF the four ap-
peals noted in my last repor5 as not
then decided two nave since been dis
missed and in two the Judgments nave
been affirmed.
Law Library.
eight hundred and ninety-tlree
volumes have been added to the law
library since my last report, including
1873 volumes of reports, of text
books, IL Of eyelopaedias and eneyclo-
paedias, 81 Of digests, "a of statutes
and 1875 Of miscellaneous. -Four hun