The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-02-21

should be limited, think, to an essen
tial violation of the marriage relation.
In the FINAL degeneracy Of An
cient Rome, before its fall, divorce was
rife, and immortality almost universal.
It seems to me that some Of our statu-
tory conditions for divorce are too
lax.
As TO Changes In the Law.
"There are few changes in court
procedure which 1 think are desirable,
and none in substantive law. frequent
changes tend to promote litigation and
to produce uncertainty and distrust of
the law and deprecate attempts TO
introduce into our long established sys-
tenn of law the frequent innovations
seen in States under code systems, for
howsoever they may suit elaborate
codes such piecemeal litigation is likely
to do more harm than good when.
sought to be applied in Hawaii. The
volume Of statutory law which in many
Of the States is increasing to an al
most portentous extent win sooner OF
later make the condition worse than
with the edicts Of the Roman Emperor
which were hung so high that no one
could read them. believe that wise
administration Of the laws we have re-
lating to procedure and substantive
law is more for the public interest
than a restless effort to improve the
law by new enactments and repeats Of
former laws. beg, however, to refer
TO the recommendations made in my
last report as to divorce and appeals
by the Territory.
Functions Of the Chief Justice.
t'Prior to the Judiciary act of 1892,
when the justices of-the supreme court
presided at circuit courts and the SUI
preme court held trials in Honolulu in
lieu of the circuit court established by
that act, the chief justice was in a POI
sition requiring him to be familiar, as
he now is not, with the administration
of the trial courts. The Audit Acts have
given to the auditor supervision of the
expenditures Of those courts, which
formerly came under the supervision
of the chief Justice. Under the eonsti-
tuition of the monarchy, as well as of
the republic, the legislature or the
cabinet could submit to the justices of
the supreme court questions as to the
validity of any proposed measure,
thereby removing them from their
strictly judicial functions to those of
a quasi executive or legislative ma
ture. Under present conditions l think
it is better that the chief Justice
should not take upon himself the duty,
not imposed upon him by law, of sug-
costing to the legislature his views in
favor or against specific legislation.
If he desires any, specific bills to be
introduced he can suggest them, as cir
cult judges may do, to the Governor or
to members Of the legislature, but it is
better that he, as well as all judicial
officers, confne his attention to Judicial
duties; by so doing the decisions in
which he takes part are more likely to
be regarded by the community and by
the bar as uninhuenced by partisan
"In line with my recommendations
concerning reports of judges and their
estimates of requisite expenditures for
the circlit courts and that magistrates
be, appointed by the Governor I sub
init to your consideration whether it
would not be wise to repeal section
1917, r. L., recurring reports TO be
made by the chief justice. The bust
in the reports Of the executive officers.
The administration of justice is shown
by the statistics, and under section
1917 nothing else is required to be re-
ported, and the principle of keeping
Judicial and legislative functions sepa-
rate would be subserved by repeating
the section. Article 93 of the consti-
tuition of 1859 required the chief JUS
-, 4
through the minister of the interior TO
the legislature of the state of the judi
ciary of the kingdom in all its
branches the civil code (section 8l51
Of 1859 requiring, as in section 1917,
r. L., reports to be made directly to
the Legislature. These reports were
desired by reason Of the
reliance placed by king, cabinet and
legislature alike upon Chief Justice
Lee, who had rendered valuable Berv-
Ice in the formation Of our present
system of law. The practice, once es-
tablished, was continued after the
special reason for it had largely disap-
peard. In illustration of this--in my
report to the Legislature Of 1870, act
ing for Chief Justice Allen during his
absence in Washington, recommend |
ed statutes defining procedure In
habeas corpus and limiting the time
for bringing actions for the recovery
Of possession Of land. The suggestions
might as readily have been made TO
The legislature by any member Of the
cabinet, containing, as II did, men Of |
egal training and experience. II was
Atty-Gep. Stephen IL. Phillips who |
suggested that refer 10 the need Of |
these 81 well az certain other statutes,
Tor which he afterwards drew billa
which were passed. Possibly cabinet |
Dfleefs preferred 70 be relieved Of the
responsibility Of iniliating measures
Bat whatever the reasons foF the prae
lice once were, ! think Of nono Tor ~
Continuance.
ofineo writing ihe foregoing fnnnfi /
i