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title: 'Hilo tribune. (Hilo, Hawaii) 1895-1917, September 04, 1903, Page 8, Image 8',
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Till! WltliKLY HII.0 TttlBUNM, 1111,0, HAWAII, FRIDAY, SBPTltMBBR 4. 1903.
vorcc mnltcrs. All these enn be
tinl'fin l.i- ntinl li I lie Sniiri'inr
..... ,,, ..rrw... - ,
Court This menus that the work
of the Supreme Court will be greatly
increased within the next six
mouths. With the present force of
Supreme Court Judges the result
will he that the blockade which has
hitherto existed in the Circuit
Court will be transferred to the
Supreme Court, where it will be
even more protracted
In addition to this, the Act to
Provide County Governments for
the Tcrritoiy of Hawaii, being Act
31 of the Laws of 1903 of the
Territory, which goes into effect
on January r, 1904, involving as it
does, an entire new scheme of Gov
ernment for this Territory, will in
itself create no inconsiderable litiga
tion and raise legal questions re
quiring prompt, as well as well con
sidered and careful decisions.
I There are certain advantages in
'cidental, but nevertheless of im
' portauce to this Territory, that will
Mug an Act to Provide a Govern-1 accrue ,rom an '""ease 01 wie mem
mentforthe Territory of Hawaii, I bers of the Supreme Court. A bench
may be amended so that the ,. of three members is necessarily not
ber of Judges of the Supreme Court as satisfactory as a bench of a large
of the said Territory may be in-1 number. A single dissent leaves
I creased from three to five. A copy tbe opinion of the Court that of a
of said proposed Hiange is hereto I bare majority, and as such it loses
the weigut mat a unanimous cieci-
W FIVK .ItJMTIUKS.
Honolulu liar Association Asks for
Honolulu, Aug. 27. The me
morial to Congress asking an in
crease in the Supreme Court of Ha
waii to five justices was presented
at the meeting of the Har Associa
tion yesterday. It was read by II.
A. Higelow for the executive com
mittee and consideration was post
poned fcr one week in order to give
opportunity for discussion of the
'proposed amendments to the Or
'PI... fUll... ..!.. !.. 4l. ......nr.n1.
llll. lUIIUWllI 13 lilt; lllUUIUl itll.
To the Honorable Speaker of the
House of Representatives and
the Congress of the United
The Hnr Association of the Terri
tory of Hawaii respectfully petitions
the Honorable House of Representa
tives and Congress of the United
'States that Section 82 of Chapter 4
of an Act approved April 30, 1900,
& CO., LIMITED
attached, marked "Kxhibit A,"
and made a part thereof.
In support of this petition your
petitioners would respectfully sub
mit in brief the following facts as
showing the need at the present
sion, a four-to-one decision, or a
three-to-oue decision would carry.
Further, for the past few years
110 little criticism has been made of
the provision of the local law which
tl1L. I authorizes the bringing in of a prac
ticing attorney on the bupremc
bench when one of its members is
disqualified. The disadvantages
of this course of action has been
The steamers of this line will ar
rive and leave this port as here
under: FROM SAN FRANCISCO.
Sonoma July 22
Alameda July 31
Ventura Aug. 12
Alameda Aug. 21
Sierra Sept. 2
Alameda Sept. 11
Sonoma Sept. 23
Alameda Oct. 2
FOR SAN FRANCISCO.
Ventura July 21
Alameda Aug. 5
Sierra Aug. 11
Alameda Aug. 26
Sonoma Sept. 1
Alameda Sept. 16
Ventura Sept. 22
Alameda Oct. 7
In connection with the sailing of the
aboe steamers the agents are prepared to
issue, to intending pisscngers Coupon
Through Tickets 1 any railroad
from San Francisco to all points in the
United States, and front New York
ail) steamship line to all Kuropcau ports.
l'or further particulars apply to
Wm. G. Irwin & Co.
General Agents Oceanic S.S. Co.
time for such an increase in
number of Judges in the Supreme
The Supreme Court became n
muelv annellate bodv on Tanuarv
1, 1863, and was then composed of immeu 10 a certain ocgree oy nci
three members. At the time the j 32 of the Laws of 1903 of the Terri
population of the Hawaiian Islands lory ol Hawaii, providing for the
was approximately 92,000. The I calling in of the Circuit Judges to
tntnl mvnhli. wpnltli nnimw,. 1 fill such vacancies This, however,
mutely 70,000,000. Population 1 "i0 or 1 of a make-shift. The
and wealth are the two elements increase of the number of members
that in the main determine, not l" "1C supreme uencu io live wuuiu
only the amount of litigation in any I obviate all such questions, and
Jurisdiction, but also its imnortance. would keep tne supreme -ourt aim
In 1902 the population probably
exceeded 160,000, and the total tax
able wealth was approximate!)
$126,000,000. This means an in
crease in the two main factors of
litigation of approximately 66 per
With this increase in the wealth
the Circuit Court and the bar dis
tinct. It should be pointed out that
the question of appeals from the
local Supreme Court to the United
States Circuit Court of Appeals of
the Ninth Circuit, and to the Su
preme Court of the United States
would also lie In a large part solved
and nonulation of the Islands there
has come a corresponding logical I V th-' proposed increase,
increase in the number of cases sub- .appeals would cause great expense
mitted to the Supreme Court. From
1S02 to 1896 the number of cases
and delay in the final settlement of
cases, so much so as to result
submitted to the Supreme Court I possibly in the denial of justice,
averaged 80 per year. Prom 1900
to 1903, both inclusive, the average
number of cases has been 115. In
the last two years it has been 120
per year. Not only lias the num
ber of cases thus increased, but the
importance and extent of the prop
erty rights involved therein has also
been increased. There is also a
tendency to contest cases more on
technical points, which necessarily
and they could easily be made an
instrument of justice at the hands
of a rich and unscrupulous litigant.
It is obvious that the desire or
necessity for such appeals, if they
should be allowed by statutory en
actment, would be in large part
done away with by an increase in
the number of members of the local
Supreme Court. On the other
hand, if such appeals should not
satisfactory to litigants to have a
decision by a bench of five mem
bers than by a bench of three mem
bers. For the reasons thus briefly out
lined above, your petitioners sub
mit that in view of an increase of
66 per cent in the wealth of the Is-
a similar increase in the
Form I'imm'IiiuI (,'lult 11 ml Meet (Join-
The Republicans of Waiakea pre
cinct met in their own baliuick last
Friday night and organised a ore
ciuct club according to the rules of j
the Republican party. Previous to
last year Waiakea and Ililo Repub-1
licans voted at one place.
The meeting Friday night was
held in the Waiakea Mission build
ing and fully one hundred and fifty
were present. C. N. Prouty Jr.
was elected temporary chairman
and G. F. Afibnso temporary secre
tary. The election of permanent officers
resulted in the selection of the fol
lowing: President, J. I). Lewis; First
Vice President, C. N. Prouty; Sec
ond Vice President, John Uohuen
berg; Secretary, G. F. AfTbnso;
Treasurer, W. II. Lambert; Judges
of Flection, J. Manuia, W. F. J.
Dale, D. Spalding; Kxccutive Com
mittee, Otto Rose, R. A. Lucas,
Geo. Kaiheuui, P. C. Reamer, W.
The nominations wen made Fri
day night and Saturday afternoon
at the Primary election the follow
ing was the result of the vote, the
first six being the choice of the peo
ple. Geo. Kaiheuui received 103 votes,
Otto Rose the same, John Hohnen
berg 97, J. D. Lewis 93, C. N.
Prouty 78, J. P. Fernandez, Jr. 46.
The vote for other nominees ran as
follows: M. de F. Spinola, 41; G.
F. Affonso, 39; E. N. Voellcr, 39,
P. C. Reamer, 38; W. II. Winchest
er, 34; W. H. Little, 25; C. Leh
man, 18; Jaoquin Carvalho, 13.
Some lilstlci- Sit) lugs.
The late James M'Neill Whistlei
was not only one of the greatest
artists, but one of the most brilliant
wits of the day. In repartee he
Once, when he had just left off
one of the choicest mots, a rival epig
rammatist, who was suspected by
Whistler of plagiarism, exclaimed,
"Ah! How I wish that I had said
that!" "You will say it," said
Whistler grimly, "after I have gone
How delicious, too, was his reply
to the enthusiastic lady who ex
claimed that the world had onl)
known two great artists, Whistler
and Velasquez. "Rut why," said
the master in his tired voice, "why
drag in Velasquez.?"
On another occasion, Whistler
was describing to some friends an
encounter with one of these enemies
on the gentle art of making whom
he wrote so charmingly. "And
what did you say?" inquired an
eager admirer. "I said nothing,"
replied Whisiler, "I merely laughed
When he had a disagreement
with the Royal Society of Ritish
Artists and resigned the presidency,
and with some of his friends left
the society, he gave vent to one of
A Good Investment
1 7.09 Acres
Of best cleared land, within four and one-half
miles of Ililo, on Kaiwiki road, will be sold if
taken soon for
This tract is all cleared, except one acre for
wood, and is under cultivation. It has a gopd
house and barn, good water supply, a flume
crosses it and a schoolhouse adjoins. The
soil is deep and good for cane, bananas, pine
apples or any island crops.
Get Yourself a Home
involves a larger amount o.' work be allowed, it would be much more
on the part of the appellate court.
These facts have produced the re
sult that a Court of three members,
which was adequate to the needs of
the community ten years ago when
it became a purely appellate court,
is inadequate to meet those needs
at the nresent time.
The bupreme unirt will 111 the I . . ,, . - r ord Leitrhton. president
immediate future feel the pressure l ' . . .. ' .,,...... Iini a,iMhv. "Fv.mUi
Two and one-half miles from Ililo, on the
Kaumana l'oad, overlooking Ililo Bay and the
coast line north and south, is a tract divided
into excellent house lots.
Area of Lots, 50x100 Feet to
$70 to $ 1 00
Terms to suit purchasers; part down,
balance by the month. Money will be
advanced to responsible buyers for the
erection of dwelling houses.
Here Is a Good Home
per cent in the amount of litigation,
of cases even more than at present,
for the reason that the number of
Judges in the First Circuit Court ol
the Territory of Hawaii was inade
quate to handle the cases there.
. , . .. , .i , be both prompt and well considered
in the Circuit Court ol the said , , , . , , r ,
Cuctiit was two. By Act 19 of the
Laws of 1901 of the T
Hawaii the number of Judges of
the First Circuit Court was increas-1 Linton's Last CImIIoiiko.
ed to three. Owing, however, to New York, August 28. Sir
doubt as to the construction
his most bitter sayings: "The
artists have left; the British re
main." One of the latest stories about
him tells how a group of Americans
and Knglish artists were discussing
the manifold perfections of the late
with all indications pointing toward I cian: l'layeu tne viotin line a pro
a much larger increase in the im-1 fessional," said one. "One of the
mediate future, the exigencies of, best dressed men in London," said
the situation, in order that the de-pother. "Danced divinely," said
cisions of the appellate court may J the third. "Kver read his essays?"
asked tuc lourtli. "in my opinion
I demand that the number of Judges j ther're the best thing of the kind
L'crritorv of I Ul0" t,ie Supreme bench should be
ever written. Whistler, who had
remained silent, tapped the last
speaker on the shoulder. "Painted
too, didn't he'" he said.
One Acre Lot
With house aud barn and other improvements,
partly planted to bananas and pineapples, aud
situated on Kaumana road, two and one-half
miles from Kilo. Will be sold for
D. W. MARSH
King Street, Ililo, Hawaii
THE HAWAIIAN FERTILIZER CO., Ltd.
I For Cane, Vegetable and Banana Fields.
1 Soil Analysis Made iiml l'crttlitr 1 nrtiisli d Suitilile to hull, Clinnti ami Crop
I some doubt as to tlie construction Thomas Lipton, speaking of the I iin f A 111711(111
llM;AM Dnnlinn OUnn iof thc staUUc' "ly "C U ff a yncht today- Mated that this I J fl M IjUMtnlltl
UlllOn UCIPDGP OflOO. ,Brnblc Prl," 0f lhc Ume " "Is third and lost attempt to lift UI1U' l!L "HUH-HUIl,
r heard iurv cases. The result luisiti,,. Amnrinn nun TIi snvs lip will
FOR THE LAND'S SAKE USE OUR FERTILIZERS
OAHCIA & CANARIO, Props.
Ule Shave, Cut fiair ana Shampoo
at Cct'CivC Rates.
We, nlso taVupirticulur pains with Chil
heard jury cases. 1 lie result lias 1 tjlc America cup. He says he will
been that at the present tune there I10t challenge again. Lipton in the 1
are between 300 and 400 law cases course of his interview admitted
awaiting trial in the aforesaid First , the .superiority of the American
Ciicuit Court alone. Uy Act 32 ol , boats and the right of Americans to
the laws of 1903 of the Territory, the yachting supremacy. He has
just passed, it has been provided 0iy Woids of praise for the treat
that each of the three Judges of the J ,uent he has received at the hands
First Circuit Court may at the same 1 0f Opj)0bh,K yachtsmen.
time hear jury trials. In addition .
to the jury work now pending be- Cadi, Aug. 31. The Austrian
fore the Court, there is also a large
number of probate, equity and di-
gunboat Sherla has foundered here.
All hands were saved,
Mr. Cameron Is prepared to fjive est!
ualts 011 ull kliulH of Phiuililiin Work
ml to i;uuniiitec all work doue.
Sulphate of Ammonium
Sulphate of Potash
Nitrate of Soda
H. C. Phosphates
Fertilizers for sale in large or sm til iiantities. l'ertilie jour launs with our
Special l.MHli l'ertilier.
P. O, 1IOX 767,
C. M. COOKK, President,
I. F. 11ISHOP, Treasurer.
G. H. ROllURTSON, Auditor
O. R. CARTHR, Viccl'ies. and Mnnagf r.
J. V, COOK1J, Secretary.
1?. I), TIJNNUV, C. II. ATHIJRTON, Directors.