The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-08

how divine thing it is to suffer and be
strong"
Judge Austin's mental traits were those
of careful and patient thinker. He
brought to the Bench a mind prepared by
many years of training at the law in his
native State Of New York; irmness not
carried to the extreme of obstinacy; in
tegrity unalloyed by seH-righteousness;
desire to be impartial a sincerity and
singleness of purpose which could not be
doubted
The best of human judgment is frail
and liable to error, but no one can say
that any judicial ruling of our deceased
friend was clouded or distorted by self
interest, by passion, prejudice or conceit.
His last words, of which I have heard,
spoken to her-in the presence of whose
grief we must fain be siIent-were char
acteristic of the man: at is all right ~
When our time shall come, may we, too,
be able to say, 1T is all right"
Messrs. J. w. Kalua and NJ. Thompson
made some appropriate remarks-the for
mer in the Hawaiian language and AS
sociate Justice McCully addressed the bar
as follows:
Gentlemen of the Bar: heard of, the
appointment of Judge Austin to the Bench
while absent at the November Term in
Waimea, Kauai. 1t was somewhat of
surprise to me, but heard it with great
pleasure. We had been frieDds-I may
say intimate friends-since we met at his
first visit here l felt that he had both
disadvantages and advantages for his
Office. II was disadvantage, in regard
to much business, that he was a stranger in
the country. unacquainted with what had
been done in our Courts, with the history
of our land titles, and altogether unac-
quainted with the Hawaiian language.
Another disadvantage was that of infrm-
ity of body which would, to an extent,
binder him from travelling, and even
make it a difficult matter to 60 from room
to room.
On the other hand, he was a lawyer of
long experience in the Courts of New
York, State from which, as we'll as from
New England, we draw much of our juris-
prudence; and against all difficulties, he
had that heroic undiscouragement,t that
perpetual and invincible cheerfulness of
which you all speak, which was his most
impressive characteristic. AS to his 60
ing on circuits, it was his wish, and it
seemed to US but that he should go fair
proportion. 1t would not do to assume
at the outset of taking Office that he was
incapable of discharging an important,
though often laboriOus, portion Of its
duties.
With what enIivening cheefrulness-
we may say hilarity-he supported him
self on these journeys you all are witness.
He never posed as sufferer; he never
made an exhibition of his patience and
| fortitude. His cheeriness drew all men
of every degree whom he met towards him
to give him all aid, and consider that it
was their pleasure to serve him.
His work in this Court was done in
about three and a half years. Of the
quality of that work, it will be less be-
coming for me to speak, and az for the
rest, my relations with him and with his
family were of such intimate, personal
| friendship, that I should obtrude too
much of my own feelings were to speak
at large.
We are all ut one on this occasion we
are sincere in our admiration and oul
most loving remembrance.
AS the presiding officer on this occa-
sion, the Chief Justice closed the proceed
ings with the following remarks:
Brethren-On the 7th of November,
1881, had the pleasure of handing His
Maiesty's commission to Mr.. Austin and
of welcoming him to the bench of the
! Supreme Court, in which there was 6
vacancy, on the advancement of Mr.. Jus.
tice McCulIy to the position of First Asso-
ciate Justice.
That he performed the responsible
duties of this high office with impartiality
ability and absolute integrity is true. The
infrmity which burdened and imprisoned
his body during these years-of which we
all speak with unprecedented coinci-
dence by language-shut him out from
participating in many of the activities OF
life. But to Judge this seclusion was,
in one sense, an advantage, for he thus
had more opportunity for undisturbed re-
| Election and deliberate judgment.
Judge Austin's temperament was by
nature remarkably cheerful, sunny and
charitable. Few, I may say none of u.s.
| could have borne the disability which he
suffered with the fortitude and uncom.
planning submission that he did. What
an example of patience he has left to this
community! No murmur nor expression
of dissatisfaction even, ever escaped his
lips. His strong and sonorous voice in
Dictated an ever cheerful and buoyant
| heart.
During the three years and half since
Judge Austin's elevation to the bench be