Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-02-01
TRIBUTE To BAR Of HAWAII PAID
NSENATE DEBATE ON APPEALS

/ of Hawaii / doubt il any jurisdic
ton in the United States OF equal area
and equal or far more population has
a bar that would exceed in learning
and in ability the bar Of the territory
OF Hawaii. | would be glad if an op,
portunity could be had for the views
of their bar association to be express
., ed. think, however. under the meth
cd suggested by the senator from Utah
that this appeal, instead OF coming di
| rect to the supreme court OF the Unit.
ed States, may be allowed to the cir
cult court of appeals of the ninth cir.
cult. Probably the differences and the
| inconvenience can be equalized, and
hope the amendment will prevail.
The ce-President-The question is
on agreeing to the amendment pro-
posed by the senator from Utah (Mr.
/ Sutherland.
The amendment WAS agreed to-
Mr.: CHmmins-l ask that section )
be read.
The Viee-President-It will be read.
The secretary read as follows:
mo court of the United States shall
have jurisdiction Of any action or suit
by or against any railroad company
upon the ground that said railroad
company was incorporated under an
act of Congress"
Mr.. Chilton-That amendment was
agreed to.
Mr.. Cummins-My attention was dis
tracted, and for the moment did
not know whether the section had
been amended as we had agreed on it
or not.
Mr.. Chilton-Yes; that has been
agreed upon as a committee amend
ment
Mr.. Cummins-I see it has.
Mr. Salisbury desire to ask the
senator in charge of the bill why the
first circuit was agreed upon as the
circuit to which appeals might be
taken from the local courts I'M Porto
Rico and whether in determining
which circuit appeals should be con.
sidered the committee took into con-
sideration either the second circuit or
the third circuit at Philadelphia.
wish to say to the senator I'm
charge of the bill that a year or more
ago was in quite close communica.
ton with number Of lawyers in Por:
to Rico, and they at that time, know,
desired that their appeals and writs
of error should be taken to Philadel-
phia. do not know what their 5po-
sition is now, but it seemed to me
that possibly that Wonld be much
more convenient for them than .Bos.
ton. or course the New York circuit
would be the most convenient, because
OF the rapid exchange between New
York and Porto Rico, but Philadelphia
Is within an hour of that port, where,
all the Porto rico trade centers, al.
though think there ares some boats
running to Philadelphia, whereas Bos.
ton would be five hours andQwould be
longer. sm45 =
I / only inquire so that Z may know
whether any consideration has, been
given to 1t. x 20. t.-,..-.
Mr.. Chiffon will say to the sen.
ator that that was considered after
many suggestions were made. There
were two reasons why the first circuit
was agreed upon by the committee.
unanimously. One was that it was
thought that Boston, where the court
is held, comes within the lire of travel
as nearly as any place would, and that
docket was not crowded with business,
and that court would probably take
care of the business more expeditions.
~ than any other circuit court of ap-
peals. 1t was all discussed before the
committee, and we came to that con.
clusion -.
Mr.. Saulsbury-May ask the sen.
ator whether any representation was
made by the bar of Porto Rico as to
their desire regarding the circuit to
which appeals and writs of error might
be taken ...t-.... 4,
Mr.. ChiIton-There was none before
the committee of the senate as re-
call nh:
Mr. Shafroth-I will state, if the sen.
ator from West Virginia will allow
me, that I received a communication
from Judge Hamilton, who is at pres
ent Judge at San Juan, P. R., and he
prefers the Boston district, also
received, being chairman of the COM
mittee on Pacific islands and Porto
Rico, a communication from some
ether party, saying that they thought
It was more desirable that the Porto
Rican courts should be in the first
circuit than the one at Boston AS
to distance, it seems to me to be very
immateria1 whether it is five hours
or one hour or two hours. When peo-
pie come for the consideration of bust
ness before a court it is not a Ques.
ton as to one or two or three hours.