Honolulu star-bulletin., 1915-02-01
Discussion of Bill Protested
Here Shows Local Men
Garry Weight f..

..
Hawaiis protest against the ZAP
peals bill'' was heard but not in time
to stop the legislation from going
through. The Congressional. record of
January IA gives an interesting report
on the debate in the senate. The
name Of the local attorney who wrote
so effectively to Senators Sutherland
and Clark is not given, but the
chances are that Robert W. Breckons
knows something about it. Here is
some of the debate that preceded pas
sage of the bill: .~.
Mr.. Sutherland-Mr. President, I do
not want to delay the passage OF this
bill, because | regard it as a very
necessary piece of legislation; but |
received this morning letter from
very prominent lawyer in Hawaii
think the senator from Wyoming (Mr.
Clark received similar letter-in
which he stated that some members
of the bar there are very much op-
posed to the provisions of the bill
which seeks to take from the supreme
court Of the United States the juris-
diction which IL now has over appeals
and writs of error from the supreme
court of Hawaii, where the amount in
yolved is $4,000 or more. -
confess that such information as |
have upon the subject inclines me to
the view that the. provision of this
proposed law is wise one. The su-
preme court of the United States
ought to be relieved from appeals in
that class of cases. But the writer
OF the letter also stated that meet
ing of the bar of Hawaii is in con.
temptation at which this subject would
be taken UP. / am reluctant to ask
that the bill be delayed until the bar
can be heard from, because, as / have
already stated, / think IT is a very
necessary piece of legislation, and ii
1T should be delayed for any length
of time it probably could not be pass.
ed at this session of Congress.
/ am going to offer an amendment
to come in at the end of section 2,
ON page 4, so that the matter may go
into conference and there be consid-
cred. / have written the amendment
somewhat hurriedly, and fearing that
the secretary may not be able to read
1t win read It myself. Add at the
end of section 2:
"Writs of error and appeals from
the final judgments and DEGREES of
the supreme courts of the territory of
Hawaii and of Porto Rico wherein the
amount involved, exclusive of costs,
to be ascertained by the oath Of either
party or of other competent witnesses.
exceeds value of $4,000 may be taken
and prosecuted in the circuit courts
Iof appeals
The circuit courts of appeals are
given Jurisdiction over the district
courts of Hawaii and Porto Rico, and
il might be well If they are given
the same Jurisdiction over the su.
Ipreme. courts OF those territories. At
any rate. I offer the amendment, and
IL hope the senator in charge of the
bfll will not object to ID and let ii
60 into the bill, and inasmuch as the
bill has to go to conference anyway
this may be considered in connection
with the other matters.
Mr.. Chiffon should like to have
the amendment read again.
The Vice-President-The secretary
will read the amendment.
/ The Secretary-It is proposed to
add to section q
"Writs of error and appeals from
the final judgments and DEGREES of
the supreme courts of the territory OF
Hawaii and of Porto Rico wherein the
amount involved, exclusive of costs,
to be ascertai aimed by the oath of either
party or OF other competent witnesses,
exceeds the value of $4,000 may be
taken and prosecuted in the circuit
court of appeals"
Mr.. Sutherland-Th effect of ii is
is to give the circuit courts of appeals
to which Hawaii and Porto Rico are
attached the same appellate jurisdic-
ton the bill seeks to give over the
district courts
Mr.. Chilton-Of course, have no
right to accept the amendment, but
after the statement of the senator
from Utah. who has given this matter
much attention, urge no objection to
its going into the bill. 1t will probably
go to conference and can be consid.
cred further. In the meantime the
protest of the Bar Association of Ha-
waii viii have been received and the
senator from Utah can speak more
definitely upon the subject.
Mr. Clark of Wyoming Mr.. Presi-
dent, adding to the suggestion of the
senator from Utah, it will be remem-
bered that in the organization of the
territory of Hawaii different judicial
system was provided than had ever
been provided for any territory before
that time. At the time that 1T became
a territory, or at the time that it
became subject to the Jurisdiction of
the United States, they had a we'll
developed and fully equipped local ju-
dietary system, and it was the purpose
to incorporate that In bulk as far as
possible into the new territorial or
ganization in order that there might
not be any sudden disturbance of their
judicial procedure. Therefore a diff
ferent method was provided for reach
ing the supreme court OF the United
Cfafoc froy,,