The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-07-28
RN Insfice Frear.


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BY Justice Frear:
The court deems it unnecessary to
reserve the case for further consider
alton. We. perhaps are not altogether
agreed in all of our views upon the
case / shall attempt to state my views
to some extent without meaning there
by to commit my associates to what |
say in all respects. | am of the opin-
ion that sufficient grounds have not
been shown for disbarment or the sus-
pension from practice of the respond
ents. There seem to be three scenes
in this case. The first scene is laid on
the Island of Lanai. 1t is conceded that
Mr.. Doyle cut and removed the trees in
question. 1t is shown by the evidence
that these trees were of considerable
SIZE and were upon the land of the
client of Mr.. Kaneakua, and that they
had grown there. These facts are ma
terial to some extent as going to show
what Mr.. Kaneakuas client told him,
and as bearing on the motives of Mr..
Kaneakua in this matter. The second
scene is laid in the Island of Maui. Mr..
Kaneakua's client went to him, not he
to her, and laid her case before him,
and represented that the trees were of
very large size and of very great value.
No doubt her idea of their value became
considerably enlarged after the trees
were removed, inasmuch as they had
been allowed to remain there for so
many years unutilized. If, as she testi-
fed, or rather as he testified she repre-
scented, they were living trees, that
would account in his mind for the fact
that she had not utilized them. At any
rate, she represented they were of very
great value, and urged him to take
criminal proceedings against Mr. Doyle.
Mr.. Kaneakua seemed to think it would
l..
the trees rather than to institute Grim
inal prosecution. He wrote to Mr.. Kau-
liza, and Mr.. Kaulia, upon the receipt of
this letter-WhiCh was the only source
of his authority and information-went
to the marshal, Mr.. Brown, and to Mr..
Doyle, openly, and represented to them
the contents of this letter, showing the
letter to them, apparently thinking that
his course was proper. He was en-
cOuraged in this to some extent by the
actions of both Mr.. Doyle and the mar
shall. II seems TO me that these attor-
neys We're not guilty of any criminal
intent. 1t was represented to them that
these trees were of large value and be-
longed to this woman. They undoubt-
eddy had good reason to believe that
they had ground for a civil suit against
Mr.. Doyle, and possibly, on the infOr-
nation they had, for a criminal action.
However | do not wish to make light
of this matter These attorneys, espe-
cially Mr.. kaneakua, it seems to me
were somewhat careless in not examining
further into the value of the trees. The
naming of such a sum as $4,000 must
have PUT HIM on his guard to some eX-
tent. it being a very large value for any
two kOu trees. 1t seems to me both at
tOrneyS were very reckless or careless,
or at least did not exercise the due care
they should have exercised before de-
n a 81 a
ton with the statement that they would
bring criminal proceedings against Mr..
Doyle. 1t seems to me they made or
gave undue prominence to the criminal
part of the case in connection with the
civil part. l think their idea was to
get compensation for the trees, but
they laid too great stress upon what
was almost a threat, perhaps was a
threat, to brings criminal proceedings.
Perhaps they We're guilty of ignorance
of the law, and exercised undue care in
the methods followed, and it therefore
seems to me they should be reprimand-
ed for these reasons. Members of the
bar have great privileges and also great
responsibilities, and are not always
justified in proceeding on the instruc-
tons or the information given by their
clients. They themselves have duties
to perform. They should consider the
high character of their profession, and
Try 10 i've up 10 d nlSn STANDARD, L
think the attorneys in this case were
guilty of ignorance of the law to some
extent, and We're careless to some eX-
tent, and therefore ought to be repri-
manded, but not suspended or dsbarr-
ed. l will add in this connection that
they had the practice, as testified to by
the marshal, of the marshal's depart
ment, and | suppose we have judicial
knowledge of the fact that that prac-
tice has been in vogue here in the mar
shal's department, and perhaps also in
the attorney generals department, of
settling certain classes of cases civilly
when possibly criminal proceedings
might have been taken. Perhaps the
practice is not a good one. Discontinue
ing criminal proceedings upon prom
! Use of settlement is practiced somewhat
in the same way, and even occasionally
sentences have been rendered of the
amount of money embezZled upon a
promise to pay.
| By Justice Whiting:
! l will say with regard to this matter
that on the face of the letters, there APP
pears to be an attempt to collect a
| large sum of money out of a person un-
der a threat or menace of prosecuting
! him for larceny, which l believe would
have been larceny in the first degree
| That is felony. That would come with.
| in the law of eXtortion or an attempt tC
| eXtort. This was followed up in an
open manner with the prosecuting Off
Ger we have here, and who is a lawyer
| Mr. Brown, the marshal. Prma facie
it seems to me, the case has been made
out, but, to disbar members of the bal
| consider that it is necessary to haV,
it appear that they We're guilty of gross
misconduct a n "a n