Haw. Rev. Stat. § 86
Removal of causes and appeal. The laws of the United States relating to removal of causes, appeals and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii.
HRS § 86
This section was amended in toto by the Act of June 25, 1948, c 646, §8, 62 Stat 986. For additional annotations, mainly on matters covered under prior law, see notes on pp. 50-52, RLH 1945.
Jurisdiction, As Between Federal And Territorial Courts
Hawaii National Park: As to jurisdiction within Hawaii National Park, see the Act of April 19, 1930, c 200, 46 Stat 227, as amended, set out after the U.S. Constitution.
Military and naval reservations: See 4 U.S.D.C. Haw. 62; cf. 19 Hawai'i. 201, 23 Hawai'i. 63.
Harbors: See 217 U.S. 244.
Other questions of concurrent or coordinate jurisdiction: Federal court has jurisdiction of adultery under federal statutes, even though the territorial courts have like jurisdiction, under territorial statutes: 3 U.S.D.C. Haw. 262; 3 U.S.D.C. Haw. 517; but an acquittal or conviction in either court will bar a trial in the other: 3 U.S.D.C. Haw. 295. Territorial courts have not concurrent or coordinate jurisdiction in bankruptcy, and the federal court in bankruptcy, may, pending hearing, restrain a sale of the bankrupt's property on execution under a territorial court judgment: 1 U.S.D.C. Haw. 195; but a trustee in bankruptcy may sue in the territorial courts for a recovery of property fraudulently transferred before bankruptcy: 14 H. 544. Federal court as court of bankruptcy has jurisdiction to pass on validity of mortgage made by bankrupt so as to prevent that issue from being heard again in territorial court: 25 H. 151. Foreclosure of mortgage may not be stayed, 7 F.2d 576. Bankruptcy, provisions for discharge liberally construed, 29 F.2d 205. A seaman's wages, being exempt from garnishment, may be recovered in the federal court, though garnisheed in a territorial court: 1 U.S.D.C. Haw. 281; Fed. act exempting seaman's wages from attachment applies also to execution: 211 U.S. 239 (affirming 17 H. 416); but it does not apply to wages of seamen, not shipped through a shipping commissioner, engaged in coastwise trade other than between Atlantic and Pacific ports: 239 U.S. 459 (affirming 22 H. 160). To same effect, 21 H. 661. But see later amendments of the federal law. Admiralty jurisdiction of federal court not affected by territorial workmen's compensation act, at least unless injured seaman elects to take under that act: 4 U.S.D.C. Haw. 719. Admiralty, 183 F.2d 176. Admiralty measure of damages, 34 F.2d 83. The federal court will not interfere on habeas corpus with judgments of the territorial courts except in extreme cases: 1 U.S.D.C. Haw. 24; 1 U.S.D.C. Haw. 69; 1 U.S.D.C. Haw. 303. Decisions of the territorial supreme court construing charters granted by the Hawaiian legislature, are binding on the federal court, when no federal question is involved: 1 U.S.D.C. Haw. 164. See also note to §81 and note on practice in U.S. Court, below.
Removal of criminal case from territorial to federal court: Federal statute providing for removal of cause from "state" to federal court when defendant acted under color of office applied to homicide case commenced in territorial court; the word "state" in the removal statute may be sufficient to include territories, but in any event §86 makes this removal statute applicable in Hawaii. 132 F.2d 374. (See also note on practice in U.S. District Court, this section.)
Alien property custodian: See 172 F.2d 384; 190 F.2d 155. Aeronautics: jurisdiction limited by civil aeronautics act, 174 F.2d 63.
Injunction against territorial officers prohibiting enforcement of territorial act, 336 U.S. 368, rev'g 74 F. Supp. 852.
Diverse citizenship, for conferring jurisdiction on the federal court, does not apply as between citizen of a state and citizen of the Territory: 1 U.S.D.C. Haw. 12. Injunction to stay proceeding in territorial circuit courts, 172 F.2d 176.
Appeal And Error
Appeals to Court of Appeals for the Ninth Circuit: Such appeals lie from the supreme court of the Territory and the federal District Court as provided in 28 U.S.C.A. 1291-1294. See 41 F.2d 740. Federal question: power to review decision of territorial supreme court, 160 F.2d 289; 188 F.2d 54; 191 F.2d 148; 208 F.2d 357. Federal question essential to appellate jurisdiction must be raised in territorial supreme court, 206 F.2d 851.
Direct review by the U.S. Supreme Court: From the supreme court of the Territory: 28 U.S.C.A. 1252, 1257.
For procedure on appeal and removal generally see U.S. Code, Title 28.
(For immigration and citizenship cases see the notes to §§4 and 100, Organic Act, and RLH 1955, § 57-43). Amount in controversy, 19 H. 73; 211 U.S. 145; 263 Fed. 817 (rev. 24 H. 460; see 24 H. 685). Burden on appellant to show sufficient value, 25 H. 53. Tax returns not conclusive, 212 U.S. 209. Where supreme court of Hawaii vacates a decree and remands for further proceedings, the decree is not final, 267 Fed. 554; 291 Fed. 721; 52 F.2d 847. But see 270 Fed. 749. Bill of exceptions must be properly authenticated by trial judge; transcript and stipulation insufficient, 53 F.2d 637, 638. Mere filing of application for appeal insufficient (28 U.S.C.A. 2107, 9th Cir. rules, applied in 56 F.2d 61, 58 F.2d 1084, but rules since revised). Not taken in time, 64 F.2d 954, 78 F.2d 720 (Habeas corpus case). Taken in time, where within 3 mos. after dismissal of petition for rehearing: 119 F.2d 936. Rulings not incorporated in exceptions are not reviewable, 67 F.2d 156. Bill of exceptions to territorial supreme court does not lead to final judgment, hence no appeal to 9th circuit will lie, see 211 U.S. 169; 211 U.S. 428. Statement of the evidence: reporter's transcript insufficient, 72 F.2d 60 (prior to Rule 75 of federal rules of civil procedure). Severance, in case of joint decree: 75 F.2d 84; 93 F.2d 821. Only parties to be affected are necessary or proper parties, 26 F.2d 609; 31 F.2d 553. Appellant must have or represent some interest affected by appeal, 211 U.S. 442; 30 F.2d 769. Insufficiency of evidence to sustain verdict must be raised by motion, for new trial, 34 F.2d 86. Appellate court limited to process, pleadings, and judgment. 50 F.2d 599. Where "decision" was merely opinion, not a special finding of facts, review limited to rulings on pleadings, or made in progress of trial: 91 F.2d 85. Construction of territorial statute by local court will not be disturbed, 16 F.2d 273; except for manifest error, 36 F.2d 159; 47 F.2d 869; 52 F.2d 411; 79 F.2d 761; 105 F.2d 286. The 9th Cir. Ct. of App. "leans to interpretation" of local court, 27 F.2d 582. Construction of will contrary to common law, 59 F.2d 681; of trust, 61 F.2d 598. Decision of Sup. Ct. of H. should be accepted if not manifestly erroneous, 305 U.S. 91, rev'g 93 F.2d 603, 94 F.2d 806, reh'g den. 305 U.S. 673; 115 F.2d 956. More or less weight to local decisions on local matters: 222 U.S. 285 (aff. 18 H. 625); 238 U.S. 119 (reviewing 14 H. 651; 18 Hawai'i. 625; 19 H. 47 and 334; 21 H. 441); 235 U.S. 342 (rev. 201 Fed. 224; see 3 U.S.D.C. Haw. 575; 11 H. 47; 15 H. 308); 239 U.S. 502 (aff. 21 H. 756); 210 U.S. 154 (aff. 17 H. 45); 214 U.S. 108 (aff. 18 H. 265); 226 U.S. 462 (aff. 20 H. 138); 233 U.S. 70 (aff. 20 H. 132); 252 Fed. 809 (aff. 22 H. 488); 239 Fed. 450 (aff. 23 H. 338); 239 Fed. 839 (aff. 22 H. 753); 240 Fed. 97 (aff. 22 H. 465); 242 Fed. 446 (aff. 23 H. 38); 250 Fed. 147 (aff. 23 Hawai'i. 575); 250 Fed. 612 (aff. 23 H. 457); 255 Fed. 736 (aff. 23 H. 747); 242 U.S. 612 (aff. 21 H. 699); 269 Fed. 751 (aff. 25 H. 438); 270 Fed. 749 (aff. 24 H. 787); 272 Fed. 856 (aff. 25 H. 357); 281 Fed. 612 (aff. 26 H. 177); but see 267 Fed. 522 (rev. 25 H. 38); 283 Fed. 731 (aff. 25 H. 739); 289 Fed. 670 (aff. 26 H. 299); 290 Fed. 146 (aff. 26 Hawai'i. 557); 291 Fed. 721 (aff. 26 H. 290); 295 Fed. 636 (aff. U.S.D.C. Haw., and following 25 H. 297); but see 9 F.2d 340 (rev. 28 H. 99); 8 F.2d 845 (aff. 28 H. 197); 10 F.2d 474 (aff. 28 H. 232); 16 F.2d 273 (aff. 29 H. 258); 27 F.2d 582 (rev. 29 Hawai'i. 770); 31 F.2d 641 (aff. 30 H. 500); 35 F.2d 943 (aff. 30 H. 565); 36 F.2d 159 (aff. 30 Hawai'i. 685); 47 F.2d 869 (aff. 31 H. 264, 295); 52 F.2d 356 (aff. 31 Hawai'i. 376); 52 F.2d 411 (aff. 31 Hawai'i. 625); 59 F.2d 681 (aff. 31 H.1); 61 F.2d 598 (aff. 32 H. 32); 61 F.2d 896 (aff. 31 Hawai'i. 781, 787); 66 F.2d 929 (aff. 32 H. 246). See also, 78 F.2d 720; 79 F.2d 761; 105 F.2d 286; 132 F.2d 374; 312 U.S. 630; 313 U.S. 487, 498; 314 U.S. 63.