The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-11-29

~. dispute botseon che bishop OF
/ llunoinln and the Second Congregation
10 nov IN the rouris. o. " idie TO dis.
cue ID Ia she journals. because they
cannot settle u 30 as 10 bind either
parry. 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 hut II the courts de.
eide In favor OF the bishop, II must. of
course. accept the decision, reserying
the usual privilege Of abusing the
judges The question II now. no longer
one OF sentiment, but of fact and law
Some people ask why Judge Ilartwell
and Mr.. Tburston. 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 mean one" on the
bishops side. n the court decides in
his favor il Is not a mean case. but a
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 mean case. But
the lawyers have nothing to do with
that The bishop may be a sore tropl-
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 IL, under the agreements of the
parties.
Besides. whether or not Judge Hart
well 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, II a 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
DIR. johnson said that lawyers were
only actors" This is true, with some
p 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
sumes the part of Iago, Romeo. o'
Othello. The good lawyer loses him
self in his client. After leaving his
= home in the morning, he may be, In
the courts. nominal burglar or 6
horse thief. or a smuggler before hi
returns to the bosom of his family a
night. 1t is only professional acting
made necessary by the queer condition!
of mankind.
The losing of himself in his client
does not. however, require complete
change of identity. Counsel in appear
y ing for the bishop Is not required t.
adopt his dress, or his peculiar style o
oratory. A lawyer who defends bow
legged man Is not required TO make
bow-legged walk into the court room
. If he appears for sufferer, he is no
required to stutter before the jury.
he defends a negro. he is not required
[ TO color himself with burnt cork. II HI
defends a Chinaman he need not wea
"pigtail." If he were required to d.
so. proceedings in court would, o
course. always be highly interesting
E But as Black stone says, there are not
part of the res gestal.
All things. work together for good
> Out of this controversy, something bet
> ter will come, which ever way 1t goe
in the courts.