The Hawaiian gazette., 1899-02-21

inE then as 1 10 tina, / coula 40 les
than 10 stand by the native uawalian
ne Ions a. possible. ana gentlemen. in
case the tenure of INV once should hs
shoftt1e hereafter I desire al this
time 10 say a good word TOT these peo.
pie and 10 leave them 20 the kind con.
sidcfaiion ~ the Dat The lIawailans
are a conndlns race aud trust you Will
always consider them ~ wards of our
country. II seems TO me that We ought
TO at a shining example 90 ali men 81
the way In which a brown race can he
treated by the white. treated fairly
Justly and generously.
Mr.. Harwell said there had been
great changes In this country within
the past twenty-five years, especially
In the courts. and In the law. think
We can thank him for the great i'm
proyements made In the probate court
system. To his labor Is due the numer-
GUS forms put into existence and used
by the Bar from the year lsGS up to
the present time. In those early days
there were few lawyers who knew the
practice. and II there Is any one thing
in my judicial career that | regret II Is
that | at times felt Obliged to adhere
TO forms. thus losing sight of the true
merits of case. To my mind it\is the
duty of a Judge TO find the real JUS
tice OF a case. and II there is anything I
regret 1t Is that at times I nave selt
obliged to follow rules of practice in re-
gard TO appeals and exceptions where,
II real justice had controlled, | should
not have done so. ] trust that the law
In regard to appeals aud exceptions
can yet he made more clear.
] thank you very much for this
honor, gentlemen. | was young man
when | took the Bench. was thirty
four years Of age. Judge Stanley. in
comparison, was a mere child when he
went on the Bench. | was about to re-
mark that was the longest Office
holder in the country, but believe
Luther Wilcox is the longest. / was
Attorney General to King Lunalilo
and those were very trying times in
deed. That was during the reign of a
King who was generous to a fault, but
who had weakness which hnally took
him to the grave and that, too, only
after one year of service. IL was al
most impossible to do anything in the
way of advancement during his reign.
! regret that the short reign OF Luna
lilo's did not produce more and better
results. Lunalilo's intentions were
good but his physical condition was
such that he could not carry out his
good intentions.
II | have accomplished anything In
the way of forming the common law of
this country 1t is largely through the
assistance of the Bar, which ! have
always had, and expect to have IL in
the future, ! remember ] mad the
pleasure while in the Legislature OF
passing a good many acts which You
may possibly think date back beyon
my time. When / commenced prac-
ticing law here In 1864 no man could
testify in his own behalf, and | had the
honor OF introducing and OF procuring
q law by which man could testify in
his own behalf. We have grown, and
the practice has become more elab-
crate, and ! don't know but what ver-
diets are more frequent than ,ney use
to be. l have often heard 1t said that
1t Is better that ninety-nine guilty men
should escape than that one innocent
man should be convicted, but ! wish to
say that, during my cared as lisi |
prius judge ! never knew of one person
convicted by jury whom | believed |
was innocent. Many OF these sayings, |
regarding the conviction OF innocent
men, have, no doubt, had their found
alton in period when the system of |
was very severe and |
oppressive.
/ always wish to be on friendly terms
with the Bar. l have had good mary |
associations from time to time with il |
and have always endeavored to have
my personal dealings with its members
friendly and cordial. We axe friends. |
and We should pull together |
for the purpose OF accomplishing JUS
tice and Righteousness In this commun-
ity. We expect you to be leaders in |
any and all judicial reforms in genera, |
for, II our educated men are not 10 |
stand by every measure advocated, We
will certainly not succeed In this coun-
try.
Again thank you for this very kind
OF your respect.
A letter of regret from Circuit Judge
Hardy, Of Kauai, enclosing a poem, was
read. The lines were suitable to the
occasion and expressed highest regard
for the Chief Justice.
President Dole, being called upon,
made the following remarks:
Gentlemen, 1t Is indeed very pleasant
70 me TO be able to join the Bar on an
occasion like this in recognition of our
asteem OF Chief Justice Judd, and TO
ndulge in rem niscences and perhaps
n looking forward to the future vel
ware OF the country as connected VITA
be Supreme Court of the future.
1t il only five years. l believe, that
We have had the present judiciary sys-
EN-. Previous to that time, from the
'eginning OF the organization OF the
'ourts OF the country, the Supreme
'ourt took part in almost every variety
" judicial work. The three Judges OF
he Supreme Court conducted Jury
rails all over the Islands, doing the
work the Supreme Court now does,
md the work the Circuit Courts now
10. True, there was not as much BUS.
ness then as now, but the work was
lone by the Justices of the Supreme
'ourt. In some ways 1t was very peas
mt work. II took the judges to al
arts OF the Islands and was regarded
s beneficial in that the Court kepl
in touch with the work ald
al I, 4.