The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1864-02-27
SATURDAY, FEBRUARY q.

81 fDhDA L, JAM 80 /
THE a-ppointment of Mr.. John Montgomery to
the Police Magistracy, which transpired on Mon
day last. failed to surprise US, after the numerous
surprising appointments that have been made
dnr;ng the mast two months, although it did
create warm and pretty plain talk among
MANY of our most worthy citizens. accompanied
with some not very dattering denunciations OF
che incumbent. No one, We presume, questions
his ability as a lawyer to fill the position, but
there are other qualifications required besides le-
oal knowledge, which he does not possess. and
in default Of which the Office should have been
filled by one who does possess them. We refer
to the knowledge of the Hawaiian language.
The police court, as is well known, is now the
chief resort of the native population for the set
Element of their numerous difficulties, and proba-
bly three-fourths of the cases brought before it
involve natives. Formerly there were here in
Honolulu t,co police courts, one for natives pre-
sided over by a Hawaiian. and another for for
eigners. Sone two or more years ago, with the
purpose of retrenching the public expenses, these
courts were merged into one, presided over by
Judge Davis, whose knowledge of the Hawaiian
and English admirably qualified him for the du-
ties which had heretofore been performed by two
Judges. 1t gives us pleasure to bear m 10
his general fitness for the place, although we
at times had occasion to sharply criticize his acts.
Bet we can say with truth that he has acted
faithfully as a judge, assuming the position oil an
adviser and pacihcator among the natives, who
have looked to him almos. as a father. Proba-
bly not more than two-thirds of the cases brought
to him for adjustment have been heard in open
court. We refer now to those numerous cases
which may be termed piHkias, constantly arising
between neighbors and others. These cases he
has taken to his chambers. and after giving them
a full and patient hearing, which iiis perfect
knowledge of the native language eNabled him
to do, was able to adjust many G. them to
the satisfaction of both parties without bringing
them into court.
1t is impossible for a foreigner, who knows
nothing of the native language, TO under
stand the little minutie of these pattry native
troubles, and consequently he is totally untitled for
the office, however good a lawyer he my be. He
may give satisfaction in the foreign cases, bot
ought not to be permitted to sit and adJudge
complaints which he cannot understand only
through an interpreter, and of course but very
imperfectly in this way. We must member
that natives have rights as well as haotes, and
that their grievances are to them as burdensome
and important as are those OF foreigners.
Taking this view of the subject, all agree that
the Police Magistracy is now very poorly filed
and the court must lose its influence. Among
the natives we find but one acknowledgements
dissatisfaction.
There is another thing in connection with the
appointment which has been overlooked. Dur
ing the last Legislature. when the subject o
voting the salary of the police JUDGES was VI
before the House of Representatives. the native
demanded an appropriation for a native cour
in Honolulu, to be used only in case 1t wa
wanted. The house was informed, however
that Judge Davis had offered to perform tn
duties of both courts, and the appropriation wa
therefore superauous. They argued, however
that in case of a vacancy, a foreigner might b
placed in the police court who was ignorant g
their language. Thereupon a statement was for
mally made to the representatives 1--WE do not nov
remember whether it was in open session or b
the mobiles in joint committee,) that in case
e. vacancy. the place should be filled only by
person eonyersant with both languages. Thu
the salary OF the native district judge was droI
ped, with a mutual understanding that I'll
office, in case of vacancy, should be filled onl
by a qualified person. The appointment OF Nj
Montgomery has thus been made in open contr'
~vention OF n distinct understanding with tt
House of Representatives, to which the noble
through their joint committee, were a part,
The people therefore have a right to demand Il
removal of Mr.. Montgomery or the appointmel
of another judge capable of trying native case
During the past few years, the police eou
has been an excellent school for native lawye
to practice in, and the result has been, a worth
class of men, (such as Kahalewai, kahanu al
others) is springing up, winning the respect
both natives and foreigners. But the piacir
OF n Judge on the bench who knows English onl
efectually bars them from pleading, as nativ
don't care to make fools of themselves by a d
play of their oratory before one who car
Understand a word of what they say. Ii
appointment virtually deprives them OF thu
occupation, and will send them back to raisil
taro and catching fish. So little do we foreig
es protect the rights of the red skins, to who
kind generosity alone, our public men owe the
hvings, and so little do We care whether tn
rise To- become our equals or remain only . he'
ers Of wood and drawers of water"
l. COMMERCIAL CALESDARs--we shall issue duri