The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1874-10-10
SUPREME COURT.

W.
At the opening of the October Term on Mon
day last, His Honor, First Associate Justice
Harris, addressed the members of the Bar as
follows
GENTLEMEN My attention has been especially
directed to an article in one Of the local newspapers,
comm1nting on present and prospective absences of
members Of this Court. OF course the construction
Of the Court, and the industry and faithfulness of
it's members are of the highest Importance to the
community; but as you, gentlemen, are the medium
through which the Court does its business with the
community, it is 10 be inferred that if any enc is in
convenienced by any popularity in the Court, 1t
must be you; and it seems to me equally to be in
ferred that if you do not feel the inconvenience there
is none in point Of fact.
1t is true that the Chief Justice is going abroad
but he is going on q public duty, for which it is
thought he has peculiar adaptedness. But it is a
mistake to suppose that Justice Judd is about TO be
absent several months. His intention was to take
the interval between the terms. Consequently he
left in August, and 1 do not doubt would have been
back now if l had not in my letter advised him to
stay out the month of September, which is a particu-
larry agreeable month in the Northern States. 1 ex-
pect him during the latter days of this month, and
certainly in the first weeks Of the next month.
The daily business of Court and the trials at aisi
pTius at the terms of the Circuit must be attended to
by one Judge, and though at Chambers one may
select his Judge before whom to bring his complaint,
at the terms the litigant can have no selection, but
the arrangement. is with the members of the Court;
and therefore for the time being it can make no diff
ference 10 those uOlnR DuSlneSS DelOTe the court
whether the other Judges are in the neighboring
rooms or elsewhere.
We try to keep the business of the Court up to
date, and l think try successfully. There are no
cases in which judgment is reserved or in which
judgment has been delayed, or which have not re-
ceived prompt and full attention.
1t would be very hard if because a man is a Judge,
he should not be at liberty to spend his vacation
where it may be most beneficial to him. And it is
difficult to see how one can be in any considerable
degree more useful at Kilauea, than when occupying
his time of recreation in any other voyage at sea, of
similar duration. And it certainly does not appear
for the public interest that a Judge should feel him
self compelled to resign, and that a new Judge should
be appointed every time that health, reasonable rec
reation or important business should seem TO make it
desirable that one of the Judges should go abroad.
The three Judges are NOT appointed with a view
Of having ALL present at ALL times, but with a view
of securing uninterruptedness in the dispensation OF
justice; of preserving the traditions as it may be said
Of the Court, so that it may not change so rapidly
and decisively; of providing against the contingent
cies of illness or other necessary absence; and to Sc
cure the coming TO some conclusion by the Court In
case of q divided opinion. 1 apprehend that it would
be found very difficult to establish the proposition
by example in other countries that the Court is not
competent for the purpose of doing business because
one of its members is absent; or to find a case where
it has been found a cause Of complaint that an Eng
lish or American Judge or two during vacation, have
been found in Switzerland; or in the case of Ameri-
can Judges in Canada; or Judges from States other
than New York, are found at Niagara, Saratoga, or
in the Adirondac; or other than New Hampshire
Judges are met with at the White Mountains or on
the Rye-Beach; and certainly our insular position
does not render the reasons for going abroad reason
ably any less strong.
In a late illustrious case it was not thought that
the Chief Justice of England was much out of his
place by serving his country at Geneva. His cOun-
try had other able men, but thought it best to send
him and did so.
Our country has other able men than the Chief
Justice; but those in authority, after consulting the
Prvy Council and taking all the reasons for and
AGAINST fntO consideration havp thOuUht II host IN
send him on an important public mission. And is it
too much to ask that it may be considered that the
reasonable judgment of the remaining Judges may
be somewhat relied on as regards the difficulties at
tending the absence Of their Chief?
Of course many possible cases of possible iHconve-
nience may be imagined, but if the business of the
itude then, and, l submit, not till then, there will be
reasonable ground of complaint; and it should be
made here.
But if it is so done, is it not very unjust towards
Judges and unWise towards the public, to allow the
impression to be diffused among those who are not
frequently in the Courts, that faithful public officers
are slack in their duty, or unreasonably self indul-
gent
1 do not think that there is a community in the
civilized world, where justice is so promptly admin
istered as it is hereof the efficiency Of the Justice
you are as good and perhaps better Judges than
| am.
On the assembling of the Court on Tuesday
morning. MIR. A. 5. Hartwell spoke as follows
MAY IT PLEASE Your HoSoas IL listened with
great respect and attention to Mr.. Justice Harris
remarks yesterday touching the kind of comment
that has been made by some upon the approaching
absence from the Kingdom of His Honor the
Chancellor, and comments generally which are in
correctly made concerning the effect on the public
interests of the absence Of the Judges touching
the wrong done to the Bench, and hence to the
public, in false impressions affecting its integrity
and usefulness and touching the duty Of all who
have complaints to make, to present them in open
Court, through the members of the Bar.
No one can feel more than myself the wrong
done to Judges by those who reflect unfairly upon
their motives, and acts, for their position does not
allow them to reply often they hear nothing of
such reflections until after bad impressions have
been produced.
In addressing myself to the subjects on which
discussion has thus been suggested, l am aware of
the delicacy of attempting any response. But |
should not be true TO my duty to this tribunal, to
my clients or to myself, did l not state here very
candidly what / think of this matter.
hardly need say that every consideTation-of
pleasure, of duty, of interest and almost of neces-
sity,-weighs upon me TO say nothing which could
be construed to reflect disrespectfully or disadvan-
tageously to the Honorable Members Of this Bench.
No one can fail to know that there are special
public interests which have called His Honor, the
one ought to have anything TO say of the manner in
which Judges use vacation leisure, whether in rest,
recreation. or private business.
But what / do respectfully urge is, that l have
found by my practical every day experience as a
member of the Bar, that there is frequent difficulty