The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-08-13

pleadings, and are now TAXING rnsH
turn in being thrashed out to q ifnal
decision before the court itself. ~
Location Of Prize Court
The prize court is one of the labv-
rinth OF buildings making that historic
landmark known as the law courts, g.
massive pile Of weather beaten gray
stone, housing all the high courts OF
England, with the lord chief justice
and the long train Of lesser dlghitarIesI
ana the various tribunals. The scene
within the court as the American cases
are heard is one Of impressive dignity.
The chamber itself is vast, box
like structure, with stone floor and
walls, great cathedra! windows filter
ing the light dimly, and stainedfglassl
ceiling seventy feet above. The only
touch Of brightness is the large gilded
anchor and chains hanging back OF
the chief justice, an emblem OF British
naval power. Sir Samuel Evans, the
presiding Judge, Is on a raised dais ten
feet above the level of the rows Of 80.
lieitors and advocates, including The
attorney general and the solicitor.gani
eral, king 8 eOunselors and junior eoun-
selors--ill Of them, bench and bar, mi
wigs and gowns, giving an appearance
of, deep solemnity At the left OF the
Judge sit two officers of the royal NOR.
chant marine, in full uniform, known as
nautical experts. He cOnsults them
frequently on any technical question Of
navigation or naval construction arisA
, ing the cases, l,y<I
Carson Is Central Figure
SIR Edward Carson, the attorney
- In NhoanI
prize court cases. He is the famous
ferry 1fishman from Ulster who leaped
into world fame when he organized and
armed the Ulster volunteers and dared
the. government to enforce home rule on
! Ulster. He won on that TO the extent
that home rule Is still waiting, and
now he Is member Of the government
one of the newly formed coalition min.
istry, But there has been nothing
fiery in his conduct of the prize cases.
He speaks without any oratorieal ef.
fort, in a monotonous, hum-drun man.
ner, all argument and no defamation
He appears to have little humer, for
he looks bIankly at Sir Samuel on the
bench when the. lord justice laughs and
has q Joke. ,.,.. ,-hE No.
In the ease OF the ship Kim and Frid.'
land, carrying cargoes Of rubber, SIR
Edward cited many American prece-
dents. One Of them was from Wal.
lace, 555, the ease Of the Bermuda. He
read a long paragraph to Uphold his
contention, and then paused with some
apparent triumph that this American
ease was on all tours on his side. j.
but the next paragraph which you
have not read, - said Sir Samuel from
the bench, turns the case against
you. 'a..S. W. .l,E&as.
The difference between the British
and American practise was shown
when efforts were made to get copy
Of the printed brief and affidavit,
which Sir Edward Carson had been
reading in open court. In American
courts these printed briefs are open ~
euyOBe. But when application was
made to the clerks of the prize court
they were scandalized at the request.
Briefs, they explained, were rightly
secret, never going beyond, the solicit
ors, who guarded the matter as of q
professional ethics. ...
/ Registry q Vast Structure
The registry Of the prize court is an.
other vast structure adjoining it, with
endless bureaus, through which the
American attorneys wander in quest
Of various branches Of their eases, A.
ways receiving the greatest courtesy
but always with the mass of tradition
and conservatism against quick action.
And yet the officials resent any sug-
gestiOn that there had been any delay
in those prize cases, although the
American litigants are smarting under
what they claim is delay. One of the
chief officials, Mr.. Lowell, register of
admiralty, said:'- -...:,.
There is absolutely no delay so far
as the prize court is concerned. Sir
Samuel Evans is sitting early and
late. He is going to give up the usual
summer recess of the court In order TO
dispose of these cases with the great.
est prOmptness.'
One Of the British officials who has
had most to do with these prize cases
said it was manifestly impossible for
the political branch of the government,
the Crown, to hurry the legal branch
where the existing law had to be adj,
minlstered according 60 ths existing
customs. 1t would not be expected, for
example, he said, that the executive
branch at Washington would try tC
hurry the United States Supreme COurl
on political grounds or in any way our
iside the usual application for advance
ment which, after all, was at the dis
erection of the court.
Answering this, an American ofticia
who has had much TO do with tn,
prize cases, said there was an importan
distinction between the American an
British courts, as the former in reality
had TO administer existing law accord
ing TO existing rules, whereas in tn,
prize courts to political branch, tn,
Crown, had such power that it coult
even change existing law to meet new
cases This is done by the process
of an "order-in-couneiI." He cite,
. the following instance in one of thes
PIiZe cases
An Instance In Point
At decisive stage of the Willie n.
ina ease the solicitors for the crow
made the point that neutral sh
could be requ.sitioned by one of tn
beIligerents. This was laughed at b.