Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-02-18
New Legislation to Govern Le-|
ual Procedure Is Chief JUS
tees Recommendation

tees Recommendation
i Chief Justice A. G. NJ. Robertson
biennial report of the judiciary de-
parslnent to the legislature was pre-
sented to tie lawmakers when the
1915 session opened yesterday. Inc
report, printed and bound IN BOOK
form. contains 1873 pages OF statistics,
showing work done the last two years
in the district, circuit and supreme
courts Of the territory. The most In
teresting portion, however. is the In
troductory hv the chief justice wneTe,
in ne briefly reviews court history OF
the last two years and recommends
LEGISLATION to alter certain phases OF
court. procedure.
One feature which has received con-
siderable publicity the last few months
he calls to the attention Of the legis-
Iators without comment" That is the
position taken by Judge c. w. Ashford
of the first circuit court, that the IN
discriminate sentence law Is uneon-
stitutional. :,
The chief Justice also suggests
that the position of district magistrate
at Kipahulu, Maui, be abolished. the
salary OF the Hama magistrate be In
creased and the latter given the work
az both courts. He advises the repeal
of the statute requiring the, chief Jus,
tees sanction to the appointment oil
stenographers and interpreters by the
various circuit judges and OF clerks
and interpreters In the district courts
of Honolulu South Hilo and Wailuku.
Cites Crowded Docket.
The enormous congestion of cases
in the third division OF the first circuit
court. presided over by Judge 7. b.
Stuart, is called to the legislatures at.
tention. Chief Justice Robertson sug-
gests that Judge Stuart be aided in
his effort to relieve this condition by a
repeal Of the law which fcrhids the
beginning of jury trials in civil cases
in the months or March, June or No
vember: also by an amendment OF an
other which prohibits term trials in
July and August. He say the court
should be permitted to conduct. jury
waive hearings In that period.
Another feature of the report Is the
chief justices recommendation that
the statutes relating to appeals to the
supreme. court be revised SO that on
the motion of the appellant who files
an execution or writ of error the trial
court she'll be required to file state
ment OF the facts on which its verdict
has been based. In-cases OF this kind,
says Chief Justice Robertson. unless
A.. H. "a ~ NO
found and that the circuit court took
an erroneous view of the law, the SUI
preme court is bound to affirm iudg-
ment where there is some substantial
evidence to SUPPORT it though the
Judgment so affirmed be against the
weight of the evidence and probably
against the facts found by the trial
court. Injustice. he says, may be
averted in such cases by the means
suggested.
Discusses Federal Appeals.
Attention is called to the new rule
fixed by Congress and the President
which stops further appeals from the
territorial supreme court to the Unit
ed States supreme court. On this sub
ject the report says:
"Of the four appeals to the United
States supreme court which were
pending at the close of the last bien-
NAL period two were dismissed and
there were two affirmances. During
the past period seven cases were APP
pealed, all of which are now awaiting
disposition. The law governing ap.
peals from the supreme court of Ha.
wall has recently been amended, the
appeal to the supreme court OF the
United States having been abolished
and an appeal to the circuit court Of
appeals for the ninth circuit being
substituted. The test of the new law
has not been received at this writing
On the general subject OF territorial
laws whose validity has been ques-
toned the last two years the report
says that Act 156 of the last session,
regulating the catching Of fish known
as nehu and lao, has been declared
not in conflict with the Organic Act.
Act SO, laws of 1918, relating to the
issuance of licenses has been held
void on the ground that its title Is
misleading and does not express the
subject Of the act A portion OF the
primary election law. Act Isl Of the
laws OF 1913, was also found uncon-
stitutional. Members of the legisla-
ture cannot be elected at the primary
but must be chosen by the people at
the general election In November, as
provided by the Organic Act. The auc-
ton license, punishment and santa
ton statutes have been affirmed by
the supreme court
5000 Appropriation Asked.
An appropriation OF $500n to con-.
tinue the work of copying ani preserv.
ing the records in the supreme court.
as originally authorized by the legis.
lature of 1911, Is asked. At that time
q similar sum was set aside for this
work. BY the use of 4 photo-copying
machine the cost of the work is re-
duced about II cents per page The
supreme courts library has inadequate
shelving facilities. say the report, and
q considerable quantity Of the older
and less used law tones have been