The Hawaiian gazette., 1915-01-19

! oenatOf Oult erA0n, enf 800 "
rchairman Judiciary Committee,
Il
"Bar Association urges retention
present appeals supreme court, failing
which urges appeal ninth circuit conrt
Of appeals and that pending eases on
appeal be unaffected by bill.
5e - CHARLES n, HEMENWAY.
President,
"E. WHITE SUTTON,
Bar Association Of Hawaii z
1 A marconigram to this effect was
dispatched yesterday by the Bar Asso.
ciation Of Hawaii to Senator Cilber.
son, chairman of the senate Judiciary
eommittee, and 1t settles, SO far as the
local lawyers organization is concern.
cd. the question OF choice as between
being allowed to carry appeals from
the decisions of the local supreme
court to the ninth circuit court Of APP
Iieals and making the decisions Of the
local circuit court final.
Judge ashford Wins
The Marconigram embodics the sub
ject matter of a motion made BY Judge
Clarence w. Ashford, seconded Robert
w Breckons, at the meeting Of the Bar
Association Of Hawaii, which was held
yesterday afternoon in the rooms of
the chamber of commerce, Judd build
ing. The motion was carried by vote
of twelve for and seven against. Pres
.ident Hemenway not voting. 1t was
the elimination Of spirited argument
and debate which preceded the defeat
of a motion made by j. Alfred MagOon,
seconded by Judge John IT. DE Bolt, TO
the effect that If the right Of appeal
direct to the supreme court Of theiUni-
ted States was taken away that the
decision Of the local supreme count be
made final This motion was lost, sew
en- 10 twelve, President Hemenway not
voting. gt E5ts
. All efforts to make the action taken
yesterday by the association unan-
iplous, on the plea that a. solid
front wouIA be shown wers fdtiie. i Md
or three Of those voting against the
motion, which carried. favored the ma
king Of the assoeiatinn's action unanr
imous. but J. Alfred Magoon. Judge
Antonio Perry and others refused to
consent .at Sa+ f-3 fstP
Would Make Local Decisions Pinal
\ 1t was argued that il Hawaii was TO
lose the right of appeal direct to Wash
ington II would be better to urge that
the decisions of the local supreme. court
be made final. This court was as old,
IL not older, than the highest court of
California and there would be nothing
gained by appealing from court made
up of three members to another con-
stituted of like number like the ninth
circuit court of appeals. d. l.. With
ington. j.. Alfred Magoon, Judge An
tonic Perry, Judge John +. De Bolt and
Judge Arthur A. Wilder upheld this
view, while W. o. Smith, Robert w.
Breckons, r. w. Anderson, L. J. War
rem, Judge G. w. Ashford, former Gov
ernor Frear and Clarence H., Olsen fay.
ored appeals to the California courts of
appeals, in the event that appeals to
the supreme court of the United States
were barred under the provisions of the
bill under discussion. 'rIa, ".
Status Of Bill In Question s-~. +.rr1,, .
The members were greatly at loss
to understand the exact status of the
Judiciary reform bill now in congress,
Cable dispatches to Honolulu have re.
ported the bill as having passed both
the house and senate and ON its way to
the President for approval but, from a
cable received Saturday by W. o. Smith
from Sidney M. Ballou, the associa-
tion's Washington representative, It
would appear that the bill has not yet
passed the senate.
From this cable it seems that what
the senate did do was TO adopt an
amendment to the bill providing for
appeals from Hawaii to the ninth cir.
cult court Of appeals and that the bill,
as q whole, Is still unpassed in the up.
per chamber of congress This, in o
measure, accounts for the cable re,
ceived from Senator Culberson in which
he asked the association for an eK.
preston of opinion, whether it prefer.
| red to make local supreme court de
disions efnal or have appeals taken. to
the California appeal court :..g.ft
Members at Meeting Il %~
The members. of the bar association
who attended yesterdays meeting wera
Charles X. Hemenway, chairman; T.
| White sutton, secretary; former Gov,
ernor W. +, Frear, Judge Sanford B.
Dole, Judge Antonio Perry, Judge
John I. De Bolt, Judge Arthur A. VIII,
der, Judge g, W., Ashford, r. W. Breck
ons, w L. Stanley, D. L. Wilmington
L.,J. Warren, q. II. Olson, w. O. Smith
| A. l.. Castle, w. T. Rawlins, w. @
,Parke, j. Alfred Magoon, B. l.. Marx
Lorrin Andrews and X, B.. Anderson
Before the votes were, taken Attorney
Rawlins left the meeting. Il.I
PROMINENT Members Opposed .1..."
Among those who voted to make finn
the decisions Of the local supreme court
were ID, l., wilmington j. Alfred Ma
4 goon, Judge Perry. JudGe Wilder
Judge De Bolt and Judge Dole. p. "a
Il Chief Justice A. q, M. Robertson. OF
tire territorial supreme court, not being
able 70 attend the meeting in person
wrote hfs views in a letter addressed d
4 a a - = - 20 RI q. Ia. n g.