Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-12
LITTLE CHANCE
TOCHECk BILL
KILLING APPEALS
President of Bar Association
Gets Letter From Senator
CuIberSon; Little Hope

Chances that the Bar Association
and public sentiment here can prevent
Congress from cutting out the right
of appeal on local questions from the
supreme court of the territory to the
supreme court of the United States
now seem remote.
President Charles r. Hemenway or
the Bar Association yesterday receiv-
ed a letter from Senator Charles A.
CuIberson of Texas, chairman OF the
senate judiciary committee. The Bar
Association protested by letter and
cable as soon as it was known that
the house had passed the amending
bill which ends the right of appear
from the supreme court here on all
but federal questions The protest was
sent to the senate Judiciary commit
tee in an effort to stop action IN the
upper house. Senator Culberson
writes to President Hemenway:
81 have your telegram of yesterday
asking on behalf of members OF your
Bar Association that action on the
bill Fl. r. 1906 be delayed until you
have had opportunity to express form
al views. The bill was reported raw
orably without amendment on the list
inst. and is now on the senate calen-
dar. A copy of the bill and report
are enclosed. ---
To this Attorney Hemenway at once
replied by cable as follows:
Formal resolution of Bar Assocla'
ton protesting against change IN ap-
neal from Hawaii forwarded with.
statement of reason on 9th inst.
Senator Culberson's letter, dated
December 81, had been sent before
the comprehensive statement OF the
Bar Association had reached him.
Local members Of the bar feel very
strongly that the situation is serious.
The change in the law is referred 10
in the report on the amendment ex-
planned as follows: s."
Relieving the supreme court or the
United States from the necessity OF
reviewing such CAGES from the SUI
preme courts Of Porto Rico and Ha-
wall as involve no federal question,
but depend entirely upon the local or
general law. Under the law as 1t now
stands the decisions of the supreme
courts of Porto Rico and Hawaii are
renewable by the supreme court OF
the United States not only when some
federal right is in controversy, but
also in all cases which involve more
than $4,000, without respect to the
character of the questions involved.
This section as amended includes
Porto Rico with Hawaii and continues
the existing right to review in the
supreme court when federal rights are
in controversy, but leaves all other
cases to be dealt with upon a petition
for a writ of certiorai, as is now the
law with respect to most of the cases
in the circuit court of appeals.
AS a matter of fact, as the Bar AS
ISOLATION points out, Hawaii's cases
in the U. IS supreme court have been
so few as to cause no burden. Since
1906, when the right of appeal was
fixed, there have been only q cases
where the appeal was possible under
"jurisdictional amount" involved, $5.-
600, and only IA where federal ques-
tons we're involved. 49,. .. --
In the last flEe years there have
been only six cases, thus showing
that Hawaiian cases are no burden
on the supreme court. ....-.
1t is hoped that the cablegram Of
yesterday, together with the protests
sent to other senators and to Delegate
Kuhio, will result in stopping the bill
before it passes the senate, but that
hope is very small since the receipt
of Senator Culberson's letter.