The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-07-11
THE PACIFIC
Commercial Advertiser. /.
SATURDAY Y, JULY IL.
The supreme Court

The resignation of His Honor RosERr e. DAVIS,
Second Associate Justice of the Supreme Court,
has. we learn, been rendered and accepted. Much
as we regret the circumstances which have led to
this, and proper rs the change is, we mustconeede
that in many respects Judge Davis was pre-emi-
nently fitted for the position he occupied. Being
u native Hawaiian, and we'll yersed in the yernac-
ular, he has been better qualified to entertain
knowingly many disputes between Hawaiians and
foreigners than could any foreign judge, un-
acquainted with the native language.
The position of second associate should be filed
by a nature HG'cai,an, qualified to speak both Ian
guages. The interests of the native population
call for such a person, if any can be found, fitted
in any reasonable degree for it. Now We have
just such material as is needed We have several
young men, engaged in the practice of law, either
of whom, as soon as he becomes accustomed 10 his
new duties, would serve with credit. 1t is true
that neither of them have had much experience on
the bench, unless we except one at Hilo, who has
served as police justice for some eight or ten years.
But they all possess good material for the service,
and either one of them has better qualifications
than any person who might be imported from
abroad, or who has been suggested. We believe
that the appointment of either would be accepta-
bic to the community, and that it would reflect
honor to the country. In filling this place, per-
sonal or political prejudices should be set aside,
and the opportunity embraced of making such an
appointment as the best interests of the country
demand.
The character and reputation of our highest
court has, since 1850. been steadily gaining
ground, till now it may be said to be unimpeach-
able. 1t is the sacred bulwark to which we all
look as the last resort, and on which the nations
hopes now rest. Let its integrity be preserved
unsullied, at all hazards, and let no person be al
lowed to occupy the bench against whom a breath
Of suspicion can be raised. a judge should be,
like Cesar's wife, above suspicion.
High legal authorities abroad often point to our
Supreme Court as an honor to the nation, and
have especially applauded the fact that a native
Hawaiian had a place on the bench. This feature
of the system must be preserved, and it devolves on
the honored Chief Justice to select his associate.
Without wishing to influence "a decision in the
case, we cannot avoid giving expression to the
public sentiment and to the deep interest felt in
the appointment.
We are justly proud of the record of our judi
ciary for the past fifteen years, and SO long as it
maintains the high character it has enjoyed, so
long will our people rest assured that justice will
be meted out without fear or favor and that the
smiles and gold of the wealthy can gain for them
no advantage over the tears and applications of
the poor.
Since the above was in type, We learn that
JAMES w. AUSTIN, ESQ, has been appointed to
succeed Judge Davis as Second Associate Justice,
and that he has accepted the same, temporarily.
To this appointment all will give n hearty ap-
prevail and although the incumbent does not pos
sess the full requirements as set forth above, yet
his long residence here and knowledge of the
vernacular eminently qualify him for the position.
We only wish the appointment might be- perma-
nent one.