The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-30
Mr.. SMITHS IDEA
Files His Brief in Famous
DiSbarment Case.
Asks That the Court Condemn Con.
duct Of the ReIator-EstImate Of
Weight Of Charges.

W. o. Smith. attorney for respondent
in the disbarment proceedings OF
Henry E. Cooper, yesterday filed tn,
following brief:
Respondent respectfully submits that
40 ground has been shown to justif,
the laying of the information or &c
warrant the court in taking any action
against the respondent.
The action complained of was that
taken by the respondent as attorney
general in his official capacity, and as
a ministerial act in the matter of a
prosecution pending in the district
court of Honolulu against one Carreira
charged with assault and battery.
Ii any error were committed at all il
was simply that of an error of judg-
ment of the respondent in the exercise
OF his duties as Attorney General. and
1t is submitted that the action taken
by him in that case was proper and
justifiable under the statutes.
Filing an information against an at
torney charging gross and scandalous
misconduct and malpractice. should
only be done in an extreme case and
where the conduct fully justifies the
charge, and the offense must be such
as shows him unfit to be entrusted
with the powers of the profession.
Amer. d Eng. Encyc. of Law. D..
$40 baker V. Conn.,, 10 Bush XIV.
o92; In re Blake, 80 l.. J. 90. b.. 50:
=. .. V. Porter, Cranch, 90; Austin's
Case, D Rawle CPa.), 191.
practitioners in the courts of record
are summary amenable to the courts
Vi record, and may be fined, imprisoned
or dismissed from the roll of practi-
TONERS for satisfactory cause. upon the
complaint OF any party aggrieved by
their malpractice, or for non-payment
of moneys collected by them for nri-
vate parties. or for any deceit or other
gross misconduct" Civil laws. SECTION
1893.
District magistrates may be re-
moved from Office for cause by the Su
preme Court or by the Circuit Judge of
the Judicial Circuit in which the dis
trlct or the magistrate complained of
is situated" Civil laws, section Ills.
The President and all civil officers
or the Republic shall be liable to re-
moval from office on impeachment by
the House of Representatives upon any
of the following grounds, namely:
Any act or negligence involving
moral turpitude, punishable by law as
an offense, and committed while in of
flee, incapacity for the due perform
ance of official duties, mal-administra-
ton in office, and assessment of office
holders for partisan or political ex-
penses." Article 80. Constitution.
Should there he abuse by the Attor-
ney General of the exercise of his func-
tons 1.-The remedy is not by an appli-
cation to this Court to interfere by the
of its undoubted power and
but to hold him respons-
ible before the high court of parlia-
ment.''
Regina V. Allen, . Cox C. c.. 122.
The institution of proceedings by one
attorney from improper motives and
without just grounds to disbar another |
IS misconduct.
In re Kelley, GO y. V, 1913.
The malice of the relator in this case
must be evident to the Court from the |
,leadings, the evidence and the circum-
stances. 1t is submitted that il is due /
he respondent that not only should /
he rule be discharged, but that the
conduct of the relator in the premises
should be condemned by the court
submitted.
WILLIAM o. SMITH,
Attorney for Respondent.
Honolulu, June 26, 1899.
Kinney, Ballou & McClanahan. attor-
leys for petitioner, will file briefs to-
lay. A decision in this case will prob
IDLY be handed down by the Supreme
court within a week.