The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1885-07-09
Mr.. JUSTICE PRESTON INSTALLED.

justices had taken their seats on the
bench, the Hon. Edward Preston,
the newly-appointed Second Asso-
ciate Justice, handed his commission
to the Chief Justice, who requested
Marshal Soper to read it. This being
done, Chief Justice Judd said it gave
him great pleasure to introduce Mr..
Justice Preston, who had received
His Majesty's commission. From
an acquaintance from 1871 he knew
Mr.. Justice Preston not only as
lawyer Of ability and learning, but
as q gentleman of character and
standing. He had been sworn into
office and was now ready to perform
the duties of office.
Mr.. A. S. Hartwell then rose and
said:-
May it please the Court, Mr.. Justice
Preston:
AS the senior in date of commits
sion Of those now practising at this
Bar, the pleasing task has devolved
upon me, of welcoming Mr.. Justice
Preston to his duties as Justice Of
this Court. To say, as l do, that
this appointment is exceedingly
gratifying to the members of the
Bar, is the simple truth. l cannot
say that 1 think that your new po-
sition is free from difficulties. In
the first place, you succeed one
whose courtesy and gentleness of
manners none could surpass, and
few can equal. The absolute in
tegrity of purpose and Of life, the
habit of patient examination of de-
tails and the rigid impartiality which
marked the judicial course of your
lamented predecessor, cannot be
forgotten. They present ahigh ideal
which cannot safely, and which with
yourself, | am confident, will not be
lowered.
You have been in and out with us
as practitioner in this Court for
many years. Cases here are con-
tested, as rule, closely and keenly.
1t is not like seeing the same coun-
sci in few cases coming at rare
intervals; our small bar are con-
stantly appearing before the same
judges in large number Of impor-
tant matters. 1t is critical, fault
finding bar, as you cannot forget.
The attrition between Bench and
Bar is sharp and unceasing. 1t is
frequently impossible to Salty coun-
sci with adverse rulings. A system
of jurisprudence is not yet builded
up here, as it is elsewhere, upon pre-
cedents or upon statutes, so that the
work of formulating and applying
principles to the varied facts which
come before the Court, is peculiarly
delicate and difficult. 1t is often
impossible for either counsel to adj
wise, or the Court to decide cases
with satisfaction to themselves. To
my mind, this aspect of judicial res
possibility in this Kingdom is very
grave. Questions constantly arise,
for which real or apparent judicial
authority from England or the
United States can be found as
basis for deciding one way as well
as another. Decisions could be
given in many such cases, in which
none but counsel engaged in the
cause could detect fallacy or injus-
tice. 1t is in that large margin of
judicial discretion, that a combina-
ton of legal instinct, of familiarity
with the elementary principles of
law and of absolute fairness, is need
ed. To predict, my dear sir, that
you will meet and overcome all these
difficulties, that you will always es-
cape even unjust censure; that you
will always receive credit for your
best efforts, is more than 1 would
venture to do. But that the best
and sincerest efforts of your ma
tured years and experience will be
given to your judicial duties, is what
we all believe and confidently rely
upon.
There is this assurance which
need not give you. We at the bar
are close corporation. If, in mo-
ments of excitement or disappoint-
ment, we closely criticize our judges
we are ever proud of the indepen-
dence, the integrity and the learn
ing of the Bench; no warmer or
more earnest supporters of the dig
nifty and honor of its justices can
be found than are we. You are
well aware that of yourself much is
expected, much will be required.
We believe you to be capable and
fair, that you will ever sustain the
high reputation of this Court. You
have our sincere wishes for a long
and honored career.
Mr.. Justice Preston replied as
follows:-
Mr.. Hartwell and Brethren of the
Bar:
| feel gratified and encouraged by