The Hawaiian gazette., 1899-06-30
Mr.. SMITHS IDEA
Files His Brief in Famous
Disbarment Case.
Asks That the Court Condemn Con.
duct Of the Rsiator-Est,mate OF
Weight of Charges.

w. o. Smith. attorney for respondent
in the disbarment proceedings of
Henry f. Cooper, yesterday filed the
following brief:
Respondent respectfully submits that
no ground has been shown to justify
the laying OF the information or to
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 1t
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. & Eng. Encyc. of Law, p.
946; Baker v. Com, 10 Bush (Ky.),
592; in re Blake, 80 l.. j. %. b., SO;
u. s. v. Porter, 2 Cranch, 60; Austin's
Case, Rawle (Pa.), 191.
Practitioners in the courts of record
are "summarily amenable to the courts
of 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 pri-
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 SUI
preme Court or by the Circuit Judge of
the judicial Circuit in which the dis
trict Of the magistrate complained of
is situated" Civil laws, section 111S.
1.-THE President and all civil officers
of 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
fee, 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 be abuse by the AttOr-
ney General of the exercise of his func-
tons the remedy Is not by an appli-
cation to this Court to interfere by the
exercise Of its undoubted power and
prerogative. but to hold him respons-
ible before the high court of parlia-
ment."
Regina v. Allen. 0 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, 60 N. Y, 1873.
The malice Of the relator In this case
must be evident to the Court from the
pleadings, the evidence and the circum
stances. 1t Is submitted that 1t Is due
the respondent that not only should
the rule be discharged, but that thu
conduct of the relator In the premises
should be condemned by the court
Respectfully submitted.
WILLIAM O. SMITH,
Attorney for Respondent
Honolulu, June 26, 1899.
Kinney, Ballou & McClanahan, attor
neys for petitioner, will file briefs to
day. A decision in this case will prob
ably be handed down by the Supreme