Honolulu star-bulletin., 1915-02-01
Discussion of Bill Protested
Here Shows Local Men
Garry Weight

j Hawaii's protest against the .'ap-
peals bill, was heard but not in time
to stop the legislation from going
through. The Congressional record Of
January IA gives an interesting report
on the debate In the senate. The
name Of the local attorney who wrote
SO effectively to Senators Sutherland
and Clark is not given, but the
chances are that Robert w. Breckons
knows something about it. Here is
some of the debate that preceded pas
sage Of the bill:
Mr.. sutherland Mr.. President, I do
not want to delay the passage of this
bill, because I regard 1t as very
necessary piece of legislation; but
received this morning letter from a
very prominent lawyer in Hawaii
think the senator from Wyoming Mr..
Clark received similar letter-in
which he stated that some members
OF the bar there are very much op-
posed to the provisions of the bill
which seeks to take from the supreme
court of the United States the juris-
diction which it now has over appeals
/ and writs of error from the supreme
court of Hawaii, where the amount in.
Yolved is $4,000 or more.
Il confess that such information as +
have upon the subject inclines me to
the view that the provision of this
proposed law is wise one. The SUI
creme court of the United States
oaght to be relieved from appeals in
that class of cases. But the writer
or the letter also stated that a meet
ing OF the bar Of Hawaii is In con-
temptation at which this subject would
be taken mp. / am reluctant to ask
that the bin be delayed until the bar
can be heard from, because, as have
already stated, I,.think 1t is a. very
necessary piece of legislation, ana II
it should be delayed for any length
OF. time IL probably could not be pass
led at this session of Congress.
> I am going to offer an amendment
to come in at the end of section 2,
on page 4, so that the matter may go
into conference and there be consid
erred. I have written the amendment
somewhat hurriedly, and fearing that
the secretary may not be able to read
.it / will read 1t myself. Add at the
end of section 2:
4Writs of error and appeals from
the final judgments and decrees of
the supreme courts of the territory OF
Hawaii and of Porto Rico wherein the
amount Involved, exclusive Of costs,
to be ascertained by the oath of either
party or of other competent witnesses,
exceeds value of $4,000 may be taken
end prosecuted in the ciTeuit courts
Of appeals
The circuit courts OF appeals are
given jurisdiction over the district
courts Of Hawaii and Porto Rico, and
.it might be well If they are given
the same jurisdiction over the SUI
preme courts of those territories. At
any rate. offer the amendment, and
n hope the senator IN charge Of the
bill will not object to it and let ii
go into the bill, and inasmuch as the
bin has to go to conference anyway
this may be considered IN connection
with the other matters.
Mr.. Chilton--I should like to have
the amendment read again.
The Vice-P -President-The secretary
will read the amendment.
The Secretary-It is proposed to
add to section q:
eWrits Of error and appeals from
the final judgments and DEGREES of
the supreme courts of the territory OF
Hawaii and of Porto Rico wherein the
amount involved, exclusive of costs,
to be ascertained by the oath of either
party or of other competent witnesses.
exceeds the value of $1,000 may be
taken and prosecuted in the circuit
court OF appeals"
Mr.. SutherlandT The effect Of it is i
IS to give the circuit courts of appeals
to which Hawaii and Porto Rico are
attached the same appellate jurisdie-
|tion the bill seeks to give over the
district courts.
Mr.. Chilton-Of course, / have no
right to accept the amendment, but
after the statement of the senator
from Utah. who has given this matter
much attention. I urge no objection to
its going into the bill. ID win probably
go to conference and can be c0nsid-
cred further. IN the meantime the
protest of the Bar Association of Ha-
Iwaii will have been received and the
senator from Utah can speak more
definitely upon the subject.
Mr.. Clark OF Wyoming Mr.. Presi-
dent, adding to the suggestion Of the
senator from Utah, 1t will be reinem-
Bered that in the organization of the
territeFy OF Hawaii a different Judicial
system was provided than had ever
been provided for any territory before
that time. At the time that Il became
q territory, or at the time that 1t
became subject to the jurisdiction of
the United States, they had we'll
developed and fully equipped local ju-
dietary system. and 1t was the purpose
to incorporate that in bulk as far as
possible into the new territorial or
ganization in order that there might
not be any sudden disturbance Of their
judicial procedure. Therefore q diff
ferent method was provided for reach
ing the supreme court Of the United
States, and IL allowed appeals from
the supreme court of the Territory OF
Hawaii roYan0cod ouffrofv of q InaaI 4