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3852
statement subjects him to a penalty of $100, to be collected in the 
courts of Hawaii by the government of Hawaii. Mr. WHEELER of 
Kentucky.   In my humble opinion, in order to enforce the penalty you 
must make it a misdemeanor or a crime to refuse to furnish this 
information.   To say simply that a failure to return the prescribed 
statement shall subject the person failing to a certain penalty is so 
indefinite that no court would support a declaration founded upon 
such a provision.   You must specifically define as an offense the act 
which the law undertakes to make punishable.                     Mr. 
NEWLANDS.   I shall be very glad to accept any amendment which 
the gentleman from Kentucky [Mr. WHEELER] may frame in order to 
make this provision more efficient.   All I want is to have some 
provision of this kind incorporated in the bill. I have no doubt that 
the committee of conference, if we give them a basis of action, 
will shape the provision properly.   Of course oar amendments 
hastily offered hero are sometimes quite crude.     Mr. KNOX.   I 
desire to say that if I have understood correctly this amendment and 
its purpose, it is in the direction of securing very valuable and 
necessary information; and I think I may say on behalf of the 
committee that we have no objection whatever to its being adopted. Mr. 
HITT.   The gentleman from Nevada [Mr. NEWLANDS] will allow me 
to say that the machinery of the government now in operation in 
Hawaii provides for the accomplishment of the very purpose 
which he aims at.   Anyone who cares to examine into the matter 
will find a synopsis of such statistics in the report of the commission 
and a supplemental report.   But this provision will do no harm. Mr. 
NEWLANDS.   As I understand, it can do no harm; and in 
addition we shall have under its terms a report to the Department of 
Labor, which would be published, so that Congress will have such 
information to guide its action. The question being taken on the 
amendment of Mr. NEWLANDS, it was adopted. The Clerk read as 
follows:
CHAPTER IV.
THE JUDICIARY.
SEC. 81. That the judicial power of the Territory shall be Tested in one 
supreme court and in such inferior courts as the legislature may from time to 
time establish.   And until the legislature shall otherwise provide, the laws of 
Hawaii heretofore in force concerning the several courts and their jurisdiction 
and procedure shall continue in force except as herein otherwise provided.
Mr. ROBINSON of Indiana.   I desire to call the attention of the 
chairman of the committee [Mr. KNOX] to the first section, which 
provides that the judicial power of the Territory shall be vested in 
a supreme court, but there is a failure to mention the five circuit 
courts, which are the present establishment, and the language 
which follows is not sufficiently clear.   If the gentleman concurs 
with me, I will send to the desk an amendment to insert the words " 
and five circuit courts." Mr. KNOX.   The general provision of law 
puts the Territorial judicial power into one supremo court and such 
inferior courts as shall be established by the legislature of Hawaii. 
Mr. ROBINSON of Indiana.   But I do not suppose the circuit 
courts would be styled inferior courts. Mr. KNOX.   Oh, yes; they 
have not final jurisdiction.   Those courts will be established by the 
legislature of Hawaii. Mr. ROBINSON of Indiana.   I do not 
understand that a circuit court which has general jurisdiction is an 
inferior court under the decisions. Mr. KNOX.   This is not a United 
States circuit court. Mr. ROBINSON of Indiana.   That is true. Mr. 
KNOX.   We allow the establishment of circuit courts when we say " 
inferior conrts." Mr. ROBINSON of Indiana.   It is thought by 
some that the paragraph should read:
That the judicial power of the Territory shall be vested in one supreme court 
and five circuit courts,
With the gentleman's consent, I will send the amendment up. Mr. 
KNOX.   We would not like to put the judicial power of the 
Territory into the hands of the circuit courts.   The judicial power 
is put into the hands of the supreme court, and then the legislature 
will have the power to establish inferior courts.   I think this is the 
language which is used with reference to every Territory. Mr. 
ROBINSON of Indiana.   But there are now five circuit courts. 
Mr. KNOX.   It is expected we shall have to have more than five 
within the present year. Mr. ROBINSON of Indiana.   Do you say 
that there is a desire to increase the number? Mr. KNOX   It will be 
necessary, probably.   That is the general impression.

Mr. ROBINSON of Indiana.   The fear is that they will reduce the 
number. Mr. KNOX.   Oh, no. Mr. ROBINSON of Indiana.   Then 
upon the statement of the gentleman I will not offer the amendment. 
Mr. BELL.   I wish to suggest to the committee that we strike out the 
word "inferior."   The gentleman from Indiana [Mr. ROBINSON] in 
giving the distinction between superior and inferior courts lias the correct 
idea. There is a long line of decisions to the effect that no court of 
general jurisdiction can be said to be inferior, and they make the 
distinction between a court of limited jurisdiction and a court of 
general jurisdiction. Mr. KNOX.   There is no objection to the 
amendment suggested by the gentleman. Mr. BELL.   I move to strike 
out the word "inferior." Mr. KNOX.   There is no objection to that. 
Mr. LANE.   Substitute the word "other." Mr. KNOX.   Yes; strike 
out the word "inferior" and substitute "other." The CHAIRMAN.   
The gentleman offers an amendment, which the Clerk will report. The 
Clerk read as follows:   
In section 81, line 16, strike out the word "interior" and substitute the word 
"other."
Mr. BRICK.   I would like to be heard upon that.   If you say, "such 
other courts," that would give the power in the legislature to provide 
for other appellate courts.   It might provide for that and might be 
so construed.   It is not the intention that the legislature shall provide 
for any other appellate court than a supreme court; so that if you 
strike out the distinctive qualification of inferior courts, then it 
should read "such other circuit courts and inferior courts "as the 
legislature may establish. Mr. ROBINSON of Indiana.   I agree with 
the gentleman that the words "circuit courts "ought to be in there.    
Is that the gentleman's contention? Mr. BRICK.   Yes. Mr. 
ROBINSON of Indiana.   Then I hope the gentleman from Colorado 
[Mr. BELL] will so frame his amendment. Mr. BRICK.   That will 
obviate the difficulty. Mr. ROBINSON of Indiana.   I trust the 
gentleman from Colorado will so frame his amendment as to cover 
that proposition. Mr. BELL.   I have no objection.   My only object was 
to remove a word that was subject to misconstruction. Mr. DENNY.   
Why not say "such other circuit courts?" Mr. ROBINSON of 
Indiana.   Substitute "other circuit courts and such inferior courts." 
Mr. BELL. . Very well. The CHAIRMAN.   The Chair understands 
the gentleman to withdraw the amendment, and the gentleman from 
Indiana offers an amendment which the Clerk will report. The Clerk 
read as follows:
After the word "such," in line 17, insert the words "other circuit courts and."
So that it will read:
That the judicial power of the Territory shall be vested in one supremo court 
and in such other circuit courts and inferior courts as the legislature may from 
time to time establish.
The amendment was agreed to. The Clerk read as follows:
SUPREME COURT.
SEC. 82. That the supreme court shall consist of a chief justice and two 
associate justices, who shall be citizens of the Territory of Hawaii and shall be 
appointed by the President of the United States, by and with the advice and 
consent of the Senate of the United States, and may be removed by the 
President: Provided, however, That in case of the disqualification or absence of 
any justice thereof, in any cause pending before the court, on the trial and 
determination of said cause his place shall be filled as provided by law.
Mr. KNOX.   I offer the amendment which I send to the Clerk's desk. 
The CHAIRMAN.   The gentleman from Massachusetts offers an 
amendment which the Clerk will report. The Clerk read as follows: On 
page 86, section 83, line 25, after the word "and," insert the words "not less than." 
Mr. KNOX.   This section provides for a supreme court, to consist of a 
chief justice and two associate justices.   The purpose is that there 
shall not be less than two associate justices. The amendment was 
agreed to. Mr. CORLISS.   I should like to inquire of the gentleman 
in charge of the measure whether there is any limitation of the terms 
of the judges of that court? Mr. LANE.   That is fixed in section 80 by 
an amendment which was offered yesterday, fixing the term for four 
years. Mr. CORLISS.   The length of the judicial term is limited to 
four years? Mr. LANE.   Yes.

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