The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-01-15
Chairman Of Judiciary Committee
Asks Which is Preferable, Of
SS Two Propositions
TERRITORIAL SUPREME COURT
DECISIONS MAY BE FINAL
Bar Association WIN Meet to Dis
cuss Most Important Ju-
dss dicial Issue s.

i q
,pAl 70 Supreme Court Of the United
states Would 4 be better for Hawaii
ito substitute appeal TO Circuit court Of
appeals Of the ninth circuit or have
decision df your supreme court fihal'' 4
This was the mareonigram received
by President Charles r. Hemenway OF
the Bar Association Of Hawaii yester.
day from Senator Charles A. Culbersou,
Of Texas, ehaifman ofythe senate Judi,
CARY committee.
An Associated Press dispatch by Fed.
cral Wireless received here yesterday
from Washington read as follows:
Bin Goes 10 President 63s Y
THE senate today passed the bin
reforming court procedure, with q pro
vision that appeals to the supreme court
from rulings by Hawai- courts be re.
stieted 10 fedefalsea N K, tta5t, (
In the light Of the two messages the
situation Is clarified to an extent that
the bar association here will be able
% qhdefstand and cope with. The bill
tii question passed the house December
10. IL was favorably reported by the
senate Judiciary committee December
n, but il was only on December 20 that
any one in Hawaii heard Of the matter.
On The last mentioned date hurry up
PROTEST was eabled TO Washington and
a request made that further action on
The measure be delayed until Hawaii
could be heard from. In all this affair
the name Of Delegate Kuhio does not
appear md 1t has not been mentioned.
Decision Left TO Hawaii
fshoir.ran OtaIl,araon1a e ,t,a.... -, a.,
President Hemenway yesterday touched
on two features Of the case. The first
was that the measure had been passed
in the senate and was now up to the
President. It was definite. The sen
ate regarded II necessary that appeals
from the supreme court of Hawaii to
thar Of the United. States should be
cut of. No appeals from Hawaii will
be heard in washington, except in fed.
eral courts, after the President signs
the bill and there Is but little doubt
that be viii do so, for the measure Is
apparently an administration one.
Wonld Nuke Local Decisions Final
Secondly, comes the query whether
Hawaii prefers that appeals from its
supreme court be taken 70 the circuit
court Of appeals of the ninth circuit,
which has Jurisdiction over the Pacific
Coast States, or whether Hawaii pre-
fere 70 have the decisions Of its SUI
prerle court made final. In other words,
the latter means that the local supreme
court would be made the court Of last
resort for Hawaii in territorial eases,
making it to the Territory what the
Supreme Court of the United States Is
IN fha raafe nf fha TIn;faI GkaAaa VIZ y y
Senate Defers TO Hawaii
The senate is apparently in q mood
To listen TO Hawaii q 'wishes on the sub
ject and should the bar association
agree one way or another there seems
10 aoubt but that local wishes, in this
instance, VIII be acceptable in Wash
ington, 1t is held. ia q s.. .r..t5}
In discussing the message received by
him yesterday from Chairman Culber-
son, President Hemenway did not wish
70 say anything thst might seem 10 be
Official and as coming from the associa.
ti0n. E ~ s@f
Association To Act ~ 8 3 g. as.s.l
SS.some action will have to be taken
before the association can be called to-
Gether, y said Mr.. Hemenway yester
day, Il will take the subject matter
Of the message up with as many attor.
Reys, members Of the association, as
! may be able to see, the first thing in
the morning and early views in this
regard win be expressed individually,
BY cable and later by letter, to Wash,
ingtop} - "a ,f.t ~ sssas4 !
Question . Serious One No.
That . meeting OF the bar associa-
tion will be called, as soon as that body
san be gotten together, was intimated
by M, Hemenwayy yesterday. Now
that AaWaii's Efforts TO have the appeal
provision heretofore in force remain in
the bill passed yesterday in the senate
have gone for naught, the association
VIII most likely take up seriously the
queries contained in Chairman Culber-
son 3 message received yesterday. II
viii be up 70 the association to decide
which Is preferable, whether to ask that
appeals may be taken to the ninth cir