Ka Leo o ka Lahui, Volume II, Number 308, 23 October 1891 — Important. [ARTICLE]

Important.

We understand that a motion for a new trial, in Regina vs. Hoopii, will be argued before the Supreme Court in Banco, on the ground that one of the jurors on that trial was a well known member of the Legislature. This point was brought before Chief Justice Judd, while presiding at the trial. on ā demurrer, which we understand was overruled. The ground of the demurrer is based upon the 20th article of the Constitution, which defines the several and distinct functions of the three estates, which form our government. The decision in this case wiil be equally as important as that already given, on similar reasons, by the full bench in the case of the Hutchison Plantation Company vs. the Government and Tax Assessor. This latter case was decided in favor of the plaintiff, upon the fact that a member of the tax appeal board was an official under pay, which is in every reepect similar to the position of the Honorable Member of the Legislature who was elected to sit as juror.