The Hawaiian gazette., 1899-02-21

The habeas corpus cases brought in
1895 to test the legality OF the military
trials caused, in the minds of many
who were competent to consider those
questions, the deepest solicitude, but
the manner In which the Court dis
posed of those questions was not only
quieting to the country, but effectuslly
disarmed hostile foreign criticism.
| During all these twenty-five years
there has been a steady development
and growth OF the law, made necessary
by the increase OF the foreign popula-
ton, the enormous advance in trade
and commerce and in domestic produce
ton.
Novel questions of law were con-
stantly arising, requiring to be decided
on principle, for which there was no
authoritative precedent until the en-
actment of the Common Law Of Eng
land by the Judiciary Act Of 1852.
Equity Jurisdiction was definitely es-
] tablished for the first time in 1876,
since which time its limits have stead
lily been defined and established, until
the equity Jurisprudence of Hawaii has
reached practically the same iorm with
American and English equity.
A branch OF law awaits, at no dis
tant day, its full development--refer-
ring to the law concerning corporations
but as far as the adjudication OF
corporation law go. there is no doubt
Of their general correctness.
The personnel Of the Supreme Court
has undergone many changes during
this period, which has seen three Chief
Justices, besides numerous changes
among the Associate Justices.
There Is no doubt, think, that dur
Ing all this time the respect which has
been paid to the Bench, the regard with
which 1t has been held by all national
tiles In this community, the absence OF
friction between the Bench and the
Bar and between the Department OF the
Judiciary and the other departments of
the Government, have largely been due
to the kindly nature, the tactfulness
and impartiality Of Mr.. Chief Justice
Judd.
l now take the greatest pleasure in
your behalf, and for myself, as one of
your number, in congratulating the
Chief Justice upon his honorable Judi
cial life and in expressing the hope
that many happy and useful years yet
This was the response OF Chief JUS
tice Judd:
Gentlemen and Brethren:
do thank you most sincerely for the
very kind and manifest manner in
which you are now remembering my
ascension to the Bench in this country
twenty-five years ago. A Judge who Is
appointed to Office certainly has no mo-
tive In rendering decisions for the pur-
pose OF making himself popular, but, |
assure you, however firm a man may
De as regards popular influence, he
likes to have the esteem OF the public
and more especially the esteem of the
members OF the Bar who practice be-
fore him.
Mr.. Hartwell i must say is very
largely responsible for my present po-
sition. During those troubled times of
which Judge Hartwell has spoken the
Chief Justice was away a good deal OF
the time occupying important positions
abroad. Mr.. Hartwell was at that time
a Judge OF the Supreme Court, and he
informed me that should take the DO
sition of an Associate Justice OF the |
Supreme Court in order that he and |
Mr.. Widemann might be relieved from
their judicial positions and take posi- |
tons in the Cabinet which had been
rendered them. j, not being allowed to
go home and consult my wife, had to
accept the position, and can cay, !
am not at all sorry that have labored
for this Country during these twenty
Ave years. II has been my earnest aim
to do what was right, and try to do