The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-29
THE BISHOPS CONTROVERSY

| The dispute between the Bishop of
Honolulu and the Second Congregation
is now in the courts. It is idle to dis
cuss it in the journals, because they
cannot settle it so as to bind either
party. Nor have the journals the
| means Of getting at the law and the
facts. The courts have, and their de-
crees bind all parties. The Advertiser
hopes that the Second Congregation
will win the suit. But if the courts de-
eide in favor of the bishop it must, of
course, accept the decision, reserving
the usual privilege of abusing the
judges. The question is now, no longer
one of sentiment, but~of fact and law
Some people ask why Judge Hartwell
and Mr.. Thurston, who are eminent
lawyers and respectable citizens will
take such a mean case" This ques-
ton is based on the assumption that
the case is a mean one" on the
bishops side If the court decides in
his favor it is not a mean case, but
good case, so far as the administration
OF justice is concerned. There may be
other, and what are called moral
grounds which, outside of the law of
the matter, make it a mean case. But
! the lawyers have nothing to do with
| that. The bishop may be a sore tropi-
cal calamity. But that fact is not be
| fore the courts. Interested persons
| should have nothing to do with the
general and moral question of what is
right or wrong in the case, but what
the law is, under the agreements of the
parties.
Besides, whether or not Judge Hart
we'll and Mr. Thurston should as re
spectacle citizens keep out Of the case
is another issue. They are lawyers,
and it is the professional duty of law
yers to present fully and fairly the
cause of their clients. Society would
get into bad way, if man, involved
in litigation, could not command the
services of the best lawyers. The wise
and correct administration of justice is
substantially maintained, when both
sides are ably represented.
DR.. Johnson said that lawyers were
lonly actors" This is true, with some
Limitations. For the time being, they
identify themselves with their clients.
They stand in the clients shoes. They
assume characters just as an actor as
lsumes the part of Iago, Romeo, or
OtheIlo. The good lawyer loses him.
self in his client. After leaving his
home in the morning, he may be, In
the courts. a nominal burglar or a
horse thief. or smuggler before he
returns to the bosom of his family at
night 1t is only professional acting,
made necessary by the queer conditions
of mankind.
| The losing of himself in his client,
does not however, require complete
change of identity. Counsel in appear
ing for the bishop is not required to
adopt his dress, or his peculiar style OF
oratory A lawyer who defends bow
legged man is not required to make
bow-Iegged walk into the court room.
If he appears for sufferer, he is not
required to stutter before the jury. If
Inc Q6IcHuS d hSSIo, iC 10 nv iNtoAA -
TO color himself with burnt cork. II ne
defends a Chinaman he need not wear
a "pigtail." If he were required to do
so, proceedings in court would, OF
course, always be highly interesting.
But as Blackstone says, there are not
part of the res gestal.
All things work together for good.
Tout of this controversy, something bet
ter will come, which ever way 1t goes
lin the courts.