Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-12-29
INNOCENT HOUSE
BILL PUTS ONE
OVER ON HAWAII
Appeals From Territorial Su-
preme Court to u. S. Su-
preme Court Knocked Out
FUTURE PROCEDURE IS
MADE VERY UNCERTAIN
writ of Certiorari" Will Be
Necessary if Measure Passes
Senate in Present Form

Under the title "A Bill to Amend
an Act Entitled AN Act to Codify, Re-
wise and Amend the Laws Relating to
the Judiciary approved March 3, 1911
the house Of representatives has put
one over" on Hawaii.
Some years ago, through an inno-
|cent-looking and altogether unnoticed
amendment to an appropriation bill,
appeals to the supreme court of the
United States from judgments of the
supreme court of the territory of Ha.
waii, in all cases where more than
$4,000 was involved, were permitted.
On December is of the present year
under the heading above referred to,
another amendment was made, by
which appeals Of the nature noted
are no longer allowed. Should the
bill as it passed the house receive the
sanction of the senate, persons dissat-
isfied with judgments of the supreme
court of the territory will be compelled
to resort to what the lawyers call
certiorari. ... -.
Put in plain English, this means that
the $4,000 clause is entirely wiped out,
and appeals in the future will be as
a matter of grace rather than of right
Lawyers also say that the granting of
writs of certiorari to the supreme
court of the United States is q very;
rare incident, and that the amendment
passed by the house WIN practically
nullify the right of appeal to the SUI.
preme court of the United States, save
where constitutional questions are in.
volved. = ..- J
The new section of the law reads
as follows, the change being shown
in the latter half Of the paragraph, set
in black type: !
Sec. 246. Writs of error and ap-
peals from the final judgments and
DEGREES Of the supreme court OF the
territory of Hawa;S and Of the su.
preme court of Porto Rico may be-
taken and prosecuted to the supreme
court of the United States within the
same time, in the same manner. un.
der the same regulations, and in the
same classes Of cases, in which writs
of error and appeals from the final
judgments and DEGREES of the highest
court of statA in which decision
In the suit could be had, may be taken
and prosecuted to the supreme, court of
the United States under the provi.
sions of section 237; and in all other
cases, civil or criminal, IN the supreme
court Of the territory Of Hawaii or the
supreme court Of Porto Rico, Il shall
be competent for the supreme court
Of the United States to require by Ger.
tiorari, upon the petition Of any party
thereto, that the case be certified to II,
after final judgment or decree, for re.
view and determination, with the same
power and authority as 10 taken to
that court by appeal or writ or error;
but certiorari shall not be allowed In
any such case unless the petition there.
for 10 presented to the supreme court
OF the United States within six months
from the date Of such Judgment or
Decree"
The change has been made after the
words provisions of section 237."
The house debate on this bill, as
shown by the Congressional Record of
December Is, does not indicate that
Hawaii was given any attention,
though Porto Rico is spoken for.
The Bar Association may take I'D
the matter at its banquet tonight.
Chief Justice A. G. NJ. Robertson, on
being informed of the bills passage by
the house, said he wondered who was
urging the measure Il think that the
provision allowing appeals from Ha-
wall has worked we'll on the whole
said the chief justice, and ought to
be retained"