Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-02-01


posed to the provisions of the bill
which seeks to take from the suprem
court of the United States the juris
, diction which it now has over appeal
! and writs of error from the suprem
court of Hawaii, where the amount in
, volved is $4,000 or more.
/ confess that such information as
have upon the subject irclines me Il
the view that the provision Of thi
proposed law is a wise one. The su
preme court of the United States
ought to be relieved from appeals il
that class of cases. But the write
of the letter also stated that meet
ing of the bar OF Hawaii is in con
temptation at which this subject woult
be taken up. / am reluctant to asl
that the bill be delayed until the bal
can be heard from, because, as hav,
already stated, think it Is a yer.
necessary piece Of legislation, and 4
1t should be delayed for any length
of time 1t probably could not be pass
ed at this session of Congress.
am going to offer an amendment
to come in at the end of section 2
on page 4, so that the matter may 81
into conference and there be consid
cred. / have written the amendment
somewhat hurriedly, and fearing tina
the secretary may not be able to reat
II / will read it myself. Add at tht
end of section 2: x
"Writs of error and appeals from
the final judgments and DEGREES o.
the supreme courts of the territory d
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 taker
and prosecuted in the circuit courts
Of appeals
The circuit courts of appeals arr
given jurisdiction over the district
courts of Hawaii and Porto Rico, anf
1t might be well IL they are giyer
the same jurisdiction over the su
preme courts of those territories. Al
any rate, / offer the amendment, and
hope the senator In charge of thu
bill will not object 10 it and let i
go into the bill, and inasmuch as the
bill has to go to conference anyway
this may be considered in connection
with the other matters.
Mr.. Chiffon should like to have
the amendment read again.
The Vice-PresidentThe secretary
will. read the amendment.
The Secretary-It is proposed tt
add TO section q:
-Writs OF error and appeals from
the final judgments and DEGREES o.
the supreme courts of the territory Of
Hawaii and of Porto Rico wherein the
amount involved, exclusive of costs
to be aseertained by the oath of eithel
party or of other competent witnesses
exceeds the value of $4,000 may BIZ
taken and prosecuted in the circuit
court of appeals. =
Mr. Sutherland-The effect of it Ii
is to give the circuit courts of appeals
to which Hawaii and Porto Rico are
attached the same appellate jurisdic
ton the bill seeks to give over the
district courts.
Mr.. Chilton-0f course, have M
right to accept the amendment, but
after the statement of the senator
from Utah, who has given this matter
much attention, urge no objection tc
its going into the bill 1t viii probabl,
go to conference and can be consid
cred further. In the meantime the
protest of the Bar Association OF Ha
waii 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, it will be remem
bered that in the Organization of the
territory of Hawaii a different Judicial
system was provided than had ever
been provided for any territory before
that time. At the time that 1t became
q territory, or at the time that II
became subject to the jurisdiction oil
the United States, they had a we'll
developed and fully equipped local ju
dietary system, and it was the purpose
to incorporate that in bulk, as far az
possible into the new territorial or
ganization in order that there might
not be any sudden disturbance of their
judicial procedure. Therefore a diff
ferent method was provided for reach
ing the supreme court of the United
States, and it allowed appeals from
the supreme court of the Territory soi
Hawaii, composed entirely of local
organization, to the supreme court OF
the United States in cases where the
subject matter in controversy was
over $5000.,
! had, / suppose, communication
in substance such as that received by
the senator from Utah tMr. Suther
land), and it had been my purpose
had been in the chamber when the
senator from West Virginia first called
up this measure. "a ask that the bill
might go over until tomorrow, per
haps, or the day after, in order that
the formal views of the Hawaiian bar