The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-10
H'clHDIESs SITS
He Is III CHARGE.
He Does Not Recognize
Judge Estee's Court
Room Act.
LAWYER HlNkEY'S ABLE OPINION.
THE JURIsT has THE RIGHT
TO TAKE ENTIRE
BUILDING.
Attorney General Dole Talks About
Supreme Powers Something
About q Face and
Street Fairs.

The action OF United States District
Judge Estee in taking possession oil
Judge SiIlimans courtroom. notwlth-
standing the arrival OF late files of
mainland papers. was the principal
theme of conversation in Honolulu last
night.
Superintendent of Public Works J. &.
McCandless was seen by Republican
reporter
Il do not recognize Judge Estee's
right 10 take possession OF a court
room in the Courthouse. Section 81 OF
the Organic Act specifically says that
public property ceded to the United
States by the Republic of Hawaii shall
remain in the possession of the govern
ment of the Territory of Hawaii until
otherwise provided by Congress Or
taken for the uses and purposes of the
United States by direction Of the Presi-
dent or of the Governor of Hawaii.
Under this section / do not see how
Judge Estee can set aside courtroom
for his own use without first obtaining
an order from the President or Gov
ernor.
THE fact that Judge Estee has been
appointed District Judge of the Terri
tory. isn't that sufficient authority, in
your Judgment, for his act?" was
asked.
NO. | do not think it is. AS Super
intendent of Public Works the court
room is in my charge.
Frederick w Hankey. the prominent
lawyer who is thoroughly conversant
with federal affairs and usages, said:
Judge Estee had perfect right TO
take any courtroom in the building,
and for that matter the building itself
If he so desired. His authority is i'm
piled. The President appointed Mr..
Estee a United States District Judge
to come here and hold court Now the
court house and all the public build
ings in the Territory belong to the
United States: they are not the prop
erty of the Territory: not at all Why?
Because the United States is the SOW
ereign power"
Attorney General Dole on being seen
called attention, like McCandless, -
Section 81 of the Act to Provide a
for the Territory of Ha-
wall. which reads!
THAT the public property coded and
transferred to the United States by
the Republic of Hawaii under the joint
resolution of annexation, approved
July It'll. 1898. shall be and remain in ]
the possession. use and control of the |
of the Territory of Hawaii,
~ tn nd aaroS for
by It, at its own expense, until other
wise provided for by Congress, or taker
for the uses and purposes of the United
States by direction of the President or
of the Governor of Hawaii. And all
moneys in the Hawaiian treasury, and
all the revenues and other property
by the Republic Of Hawaii
since said cession shall be and remain
the property of the Territory of Ha
wall"
IF" said the Attorney General, 'the
possession, use and control of the pub
lie property coded by the Republic of
Hawaii to the United States has been
given to the Territory of Hawaii by
act of Congress until taken for the
uses and purposes of the United States
by the President of the United States.
it seems to be the duty of the Terri
torial government and the interest of
every citizen and taxpayer in the Ter
ritory that the Territory should avail
itself of the fairness and generosity
of the American Congress.
'The Territorial Government has nc
desire to claim more than it believes
it is honestly entitled to. and certainly
the honored Federal Judge who pre-
sides over the District Court of Hawaii
can have no intention to claim on be-
half of the United States anything
more than he believes the United
States is entitled to. 1t is an honest
difference of opinion which will I'M
be determined with justice
to all concerned by the supreme au-
thority at Washington. The local gov-
removed the board of health
from its old quarters and did. think.
everything in its power to prepare a
temporary home for Judge Estee's
court
But Judge Estee doesn't recognize the
plea of q temporary home. In his letter
to McCandless the Judge says:
Il am not authorized to accept any
place for a court room temporarily.
| confess do not understand what your
letter means by saying temporary use
OF part of the building referred to-"
This talk about Dole and others ap-
pealing to Washington and the supreme
authority at Washington said prom.
inent attorney, lis all buncombe.
should like to see Attorney General
Griggs' face when he gets Attornev
General Dole's letter complaining
about Judge Estee's act Say it would
be better than going to street fair,
Say bite yourself to keep from laughing
TO DEATH"