The Hawaiian gazette., 1869-07-28
CORRESPONDENTS.

of your readers TO contrast the present views
of the editor of the advertiser upon what
may be called the negative and positive quail
ifcations necessary TO fit a person-in his
opinion-for the position of Second Associate
Justice of the Supreme Court, with the
opinions he has expressed heretofore, on that
subject Although, as general thing, he is
prompt in saying what ought not to have been
done, it is very seldom that he favors the
public with his views as to what ought to be
done In this case, however, he has boldly
announced bis views as to the qualifications
necessary in the person appointed to the po-
sition above referred to, as any one can see
by referring to the issue of the advertiser Of
the 11th of July, 1865, when, upon the re-
signation of Judge Davis, he makes the fol-
lowing remarks, after intimating that several
young men of his acquaintance would make
excellent Second Associate Justices:
alt is true that neither of them has had
much experience on the bench unless we ex-
cept one at Hilo, who has served as Police
Justice for some eight or ten year"
Those who are acquainted with the gentle
man recommended in the above extract,
know that he has not received legal educa-
ton, but that all the qualifications that can
be claimed for him are possessed by the gen.
tleman recently appointed, viz. knowledge
of the language, customs and requirements
of the native people of this Kingdom, coupled
with the experience in law which person
will acquire by acting for number of years
as Police Magistrate This experience sell
dom extends beyond the written or statute
laws of the country, and in this Kingdom,
local customs and rights which are not
treated upon in the textbooks, and which a
student would-be about as likely TO learn in
law school or an attorneys Office abroad,
as he would at a Sunday school or a gymna-
SUM. Now, contrast the opinions and re-
concentrations of the editor above, with
what he says upon the same subject in re-
cent issues OF his paper, and decide whether
his recent opinions are the results of more
"matured" judgment, or gratuitous at
tacks upon a worthy and honorable gentle
man, for reasons which would be difficult to
conjecture, except il be that the gentleman
does not belong to bis clique, or that be feels
a deep sympathy for some disappointed as
pirant for the position to which His Majesty
has seen fit TO appoint the gentleman in
question. In the advertiser of the oath inst,
is the following:
"We still claim that person who has not
received thorough legal education and
training is not fit person to elevate to the
position of Associate Justice of the Supreme
| Court"
These are the different views expressed by
the Editor, as to the positive qualifications
necessary to fit man for the position. Let
US now see what he thinks upon the subject
of negative qualifications; upon which SUBJ
ject he has recently talked very loudly, and
been most unsparing, in his denunciations
of the gentleman appointed Second Associ-
ciate Justice:
"That he is concerned in many and various
business speculations, from running billiard
table to sugar plantation, the columns of
the GAZETTE give ample evidence; and should
questions concerning labor contracts, land
titles, water rights, and in fact almost any
transaction in which property is involved,
arise, can he be a diSintereSted or impartial
Judge! Is he placed upon the bench because
of his various interests, and from his known
sympathy for anything affecting them PIP
c. A., July II.
This is what he thinks of the present in
cumbent's being an active business man, one
in whom Others placed such confidence as to
induce them to intrust their property and
business to his care. On the 18th of July
1868, in commenting upon the appointment
of the immediate predecessor of the gentle
man whom he considers so unfit for the po-
sition, because he, among other things, is or
was trustee of an estate part of which con-
sists of a billiard table, he says:
"We learn that James W. Austin ESQ. has
been appointed to succeed Judge Davis as
Second Associate Justice, and he has accept
ed the same, temporarily. To this appoint
ment all will give hearty approval, and al
though the incumbent does not possess the
full requirements as set forth above, yet his
long residence here and knowledge of the
vernacular eminently qualify him for the po-
sitiOn."
with what the editor says about the recent
appointment, one is hardly prepared to hear
that Judge Austin was also trustee of various
estates, and no doubt received pay in the
shape of commissions for services performed
as such trustee. He was actively engaged in
business at the time he received the appoint
ment of Second Associate Justice of the Su-
preme Court, and afterward, and no one, not
even the immaculate editor of the Advertiser
objected to him on that account.
Why this proof of public confidence should
be a Recommendation of Judge Austin for
the position of q seat on the Supreme Court
bench, and at the same time the most cogent
reason why Judge Widemann is unfit for such
a position, is perfectly incomprehensible to
the ordinary mind, and can only be made
clear Gas mud) by such astute reasoners as
the editor of the Commercial Aduatiser-a
man who, after heaping the most abusive cpl
thets upon another, and making the most scan
dalous and slanderous insinuations against
his character one week, will, the next week,
after repeating his abuse and adding the
most insulting accusations, disclaim any in
tention to insult or detract from the charac-
ter of the person whom he is striving to
injure.
This is not written with the purpose of
extending the controversy upon this ques-
ton, but rather with the view to bring
to the notice of the public the incon-
sistency of the editor of the Advertiser If
any pive him the credit for heinz candid and