The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-07-15
Justioe Presten In,taIled.

On the assetnbliug of the Supreme Court on the
morning OF the 9th inst, Chief Justice Judd and
Associate Justice McCully on the bench, the first
business transacted was the official recognition of
Hon. Edward Preston as an Associate Justice of
the Supreme Court. Justice Preston presented his
commission, signed by his Majesty, to the Chief
Justice who handed it to Marshal Soper for proc
lamations after which being accomplished the
Chief Justice introduced Justice Preston to the
members of the bar, many Of whom were present,
making complimentary remarks regarding his
knowledge of the legal attainments and character
and standing of the new incumbent.
A. 5. Hartwell, Esq, then rose and said: May it
please the Court, Mr. Justice Preston-As the
senior in date of commission of those now practic-
ing at this bar pleasing task has devoTed upon
me of welcoming Mr.. Justice Preston 10 his duties
as Justice of this Court. To say, as do, that
this appointment is exceedingly gratifying TO the
members Of the bar, is the simple truth. can
not say that think that your new position is free
from difficulties. In the first place, you succeed
one whose courtesy and gentleness of manner
none could surpass and few can equal. The abso-
Lutte integrity of purpose and of life, the habit of
patient examination of details, and the rigid i'm
partality which marked the judicial course of your
predecessor cannot be forgotten; they present a
high ideal which cannot safely, and which with
yourself, am confident, will not be lowered. You
have been in and out with as practitioner in
this Court for many years. Cases here con-
tested, as rule, closely and keenly. 1t is not like
seeing the same counsel in few cases coming at
rare intervals; our small bar are constantly ap-
pearing before the came Judges in a large number
of important matters. 1t is critical fault-fnd-
ing bar, as you cannot forg=t. The attrition be
tween bench and bar is sharp and unceasing. Ii
is frequently impossible to satisfy counsel with
adverse rulings. A system of jurisprudence is not
yet builded up here as it is elsewhere, upon prece
dents or upon statutes, so that the work of formu
lating and applying principles 10 the varied facts
which come before the Court is peculiarly delicate
and difficult. 1t is often impossible for either
counsel to advise or for the Court to decide cases
with satisfaction to themselves 10 my mind, this
asDaCt Of Iudlrlal sihilIty this kuudOul
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 csuse could detect fal
lacy injustice. II is in that large margin of Judi
cal discretion that combination of legal instinct
OF familiarity with the elementary principles oil law
and absolute fairness is needed To predict, my
dear sir, you will meet and overcome all these diff
hcultes, that you will escape even unjust censure
that you will receive credit for your best efoots is
more than would venture TO do; but the best and
sincerest efforts of your matured years and expert
ence will be given to your judicial duties, is what
we all believe and confidently rely upon There Is
thiaasS1rance which need not give you. We at the
bar are close corporation. If, in moments of
excitement or disappointment, we closely criticize
our Judges, We ever proud of the independence,
| the integrity and the learning of the bench; no
warmer or more earnest supporters of the dignity
| and honor of its Justices can be found than we
| are. We are all well aware that of yourself,
| much is e1pected-much will be required. Webe-
lieve 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. u tfff E TrFTFF
Mr.. Justice Preston replied as follows; Mr.
Hartwell and Brethren of the Bari feel cratifed
and encouraged by the good will expressed by
you towards me. In taking upon myself the duties
LOT the high and important Office which it has era-
ciously pleased His Majesty to honor me with, l
fully feel the responsibility. know that shall
be subject to the criticism not alone of the gentle
men comprising the Hawaiian Bar, a body in this
country as In others, always watchful for and
jealous of its privileges. In leaving your bar as
practitioner, l shall carry with me the remem-
brance of the kindly feelings and consideration
which l have experienced at your hands while
holding office, and as private member of the bar,
and trust that such feelings will continue be-
tween u.s. While relying upon your support in the
discharge of my duties, l can assure you that
nothing shall be wanting on my part in assisting
my brother the Chief Justice, and my brother Jus
hce McCully, in maintaining the dignity, honor,
Independence and integrity Of the Bench and Bar.
The Chief Justice and Justice Preston then re-
tired and the usual business of the Court was pro-
ceeded with.