Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-16
HIGHER TRIBUNAL
TO REVIEW CASES
INVOLVING 5000
Senate Passes an Amendment
Giving Circuit Court OF
Appeals Jurisdiction


Attorney w. o. Smith received the
following cable from Judge s. M. Bal
Lou, at Washington, d. c.. this morn
ing:
Senate adopts amendment allowing
5000 appeals to circuit court of ap.
peals."
This means that an amendment has
passed the senate which slightly mod
kifies the measure removing Hawaii's
right to carry appeals to the United
States supreme court. Now such APP
peals are to be permitted to the ninth
circuit court Of appeals, in San Fran.
cisco. Thus the supreme court of the
territory would not be the jlrisdic-
ton OF last resort in suits involving
more than $4,000.
This mornings message from Judge
Ballou is not entirely definite, how
ever, and President Charles r. Hemen.
way of the Bar Association has cabled
him for further and more exact in
formation. The original bill, taking
away HaWaii's right to appeal to the
United States supreme court has pass
ed both the house and senate. accord
ing to an Associated Press despatch
received here Thursday. Senator Gull
berson cabled yesterday asking Wheth-
ef the bench and bar OF the territory
desired the local supreme court made
the court of final resort or to have
their authority vested IN the ninth
circuit court Of appeals at San Fran
cisco. A meeting of the Bar. Assoc
citation has been called for next Mon
day afternoon to discuss this question.
This mornings message from Judge
Ballou does not state whether the new
amendment IS In the form Of an
amendatory measure or is an amend
ment tackled on the original bill. Since
it was stated yesterday that the orig
inal one had been adopted by the
senate 1t Is thought the amendment
mentioned by Judge Ballou must be
an independent bill. But the local
barristers are not certain as to this
and President Hemenway's query Is
expected to bring an answer which
will clear up the doubt.
II the amendment Is an independent
measure some time win pass before
It can reach the president for his sig
nature, as it will have to go to the.
house OF representatives and receive
action similar to that upon any other
independent bill. If, however, it is
an amendment to the original bill it
means that the original with the
amendment must go to the conference
committee of both houses and receive
the recommendation Of that body The
conference committees recommends
tion must then be approved by Dbth
houses before the measure finally goes
up to the president,
IL the latter situation Is the true
one there Is possibility that speedy
action may be obtained on the original
with the amendment. In that event
early advice from the Bar Association
of Hawaii will be necessary If local
opinion is to have effect at Wash
ington. If, however, the amendment
is in the form of a separate bill, then
the Bar Association will have ample
time to consider the whole PROPOSE
ton and submit It's recommendation
to Congress.
1T is impossible to say what po.
sition the Bar Association will take,
said President Hemenway this morn
ing. There are some who oppose the
idea of having a court of final juris-
dictioff on the mainland, but large
number of attorneys have been heard
to express the opinion that if we must
lose the right of appeal to the United
States supreme court, they would IA
vor the circuit court of appeals as
court of final resort
ct is quite possible the associations
majority membership viii favor the
amendment mentioned by Judge Ballou
as having been adopted by the SEN
ate but that is not certain