The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-10
ACKNOWLEDGEMENTS
JUDGE HUMPHREYS DENIES ROB-
ERTsON'S MOTION.
Says No Injustice Was Done In Dis
missing the Actions Last Tuesday
Cited Several Decisions.

his recent dismissal of the appealed
cases from the Koolaupoko district this
morning by denying the motion of Rob-
insQn and Wilder. the attorneys for the
appellants, to reinstate the cases on
the calendar The court took the oc-
casion to cite several authorities in sup
port of it's action and incidentally to
lecture the large number of attorneys
present regarding the necessity of keep
ing the calendar of his court from be-
coming congested.
In passing upon the motion the court
went into the circumstances connected
with the judicial dismissal of the cases
on the 7th. He said that Mr.. Robertson
and Mr.. Magoon the attorney for the
respondents were brought into court
and asked if they were ready to pro-
ceed with the cases. Both attorneys re-
piled that they We're not but said they
would be ready on the following day.
Inasmuch as the cases had been set on
the 9Th for the 7th and witnesses could
readily have been reached by telephone
communication without any serious
hardship upon any one and counsel rea-
lized that the court was desirous of
trying the cause, the order for dismissal
had been entered. The great trouble
under which the court had labored was
the badly congested condition of its
calendars. Cases from one to six years
old were still untried and in one instan-
ce a case dating as far back as 1891 had
been brought up and disposed of.
THE court takes the view that its
time does not belong to any John Doe
or Richard Roe who may present any
matters for it's consideration but it slime
belongs to the people. Not to any parti-
cular class but to every body. In max
ing these dismissals the court does not
wish to shirk any responsibility but as
sumes all''
The text of the motion was then taken
up and the court said that the affidavit
was insufficient to warrant the cases
being placed on the calendar. In sup
port of this opinion the court read from
a recent decision of Chief Justice Judd
in which the view was taken that in or
der to have any dismissed case taken up
a mere statement was insufficient but
there must be a recital of fact In the
present instance, although the court ad-
mitted that the failure of the attorney
to appear for trial had been due to a
misunderstanding nevertheless he would
have to present facts in support of his
motion for the reinstatement of the
cases.
AS a matter of fact whenever an ap-
pealed case was dismissed Judge Hum
phreys continued, the court looses con-
troll over it unless there has been ma
nifeSt or gross injustice done. In
support of this statement New Jersey
decisions We're read. The court held
that no injustice had been practiced in
the present dismissals. The cases un-
der consideration had been IN aDpe5
for II months and according to the New
Jersey decisions it was necessary for
the appellants to be constantly alert
to prosecute their actions when ever
the court was ready to take them up
Such did not appear to have been the
case in the present instance
The court said that unless some thing
was done at once to relieve the bad con-
ditiOn of congestion under which the
department was laboring the same
thing could be said about it that had
been written concerning the High
Chauncery Court of England. Judge
Humphreys then read an arrangement
of that body in which it was shown to
what misfortune litigants were brought
by its slow moving wheels of Justice
In conclusion he said: THE court
sustains the action of dismissal and
overrules the motion made by the
attorneys for the appellants. If this
court has abused its discretion there is
remedy above"
W. o. Smith addressed the court
claiming that in some instances the at
torneys were not to be blamed for the
cases having run through so many
terms for the reason that owing to the
been unable to take them up at all
during certain terms. Indeed the at
torneys were very desirous to have
them acted upon but often it had been
impossible.
George A. Davis hurried to the front
and said that he approved of the posi-
tion taken by Judge Humphreys. The
speaker had tried time and time again
to get cases tried but found it impossi-
10
fairness had been shown in the assign
ment of cases. Cases We're taken out
of their proper order in favor of a cer-
tain few lawyers who were able to oc-
cupy the most to the courts time.
The court said that in future, attor-
neys woud receive a days notice when
their cases We're to be called but added
that if a firm of attorneys was so busy
that at least one of them could not be
present in court to try the case they
had better, in justice to their clients,
hire more help or not take so much
business. The term calendar was next
called.
The cases refused reinstatement this
morning were II. H. Parker VS. Palea,
trespass. Magoon for defendant and
Robertson and Wilder for plaintiff
John Bell VS. Palea. trespass, Magoon
for defendant, Robertson and Wilder
for plaintiff.
William Henry VS. Palea, trespass,
Magoon for defendant, Robertson and
Wilder for plaintiff,
Fl, II. Parker VS. E. X. Bull, trespass,
Magoon for defendant, Robertson and
| Wilder for plaintiff.
The following is the only case which
| has been reinstated.
G, S. Desky VS. Mrs. Thomas Lack
damages appeal. Magoon and Long for
plaintiff, Davis for defendant. Rein
stated on motion of plaintiff.
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