The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-11
|DR|1Uo0D On TIE
COURT CALENDAR.
Oral Opinion by Judge
Humphreys on
Subject.
Bar AND OTHERS ENTERTAINED.
CASES STRICKEN FROM THE
CALENDAR CANNOT BE
REINsTATED.
How Litigation Has Been Conduct
ed in Many Actions for Years
Dickens and British
chancery Court.

There was an 0yernoW OF attorney.
in Judge Humphreys court room yes
terday morning. Nearly every membel
of the Honolulu bar was present Judg.
Estee, the distinguished jurist, was aise
in attendance. And we'll were the mem
bers of the bar and others repaid FOL
the time given up in consulting musiy
legal tones, preparing briefs, drafting
complaints, drawing up writs and ever
in collecting bills. The attorneys, liz
craft and others expected TO hear some
thing of astounding interest And they
were not disappointed.
Judge Humphreys. always entertain
ing and instructive. was particularly
felicitous, forcible and logical
The Judge delivered an oral opinion
concerning the cases that he had strick-
en- from the calendar, and for which a
number OF motions, accompanied by at
fidavits, had been made for reinstate-
ment.
The decision was rendered on a mo-
ton of Robertson and Wilder to rein
state on the calendar five appeal cases
growing out of the litigation of Parker
ct al vs. Palea and E. K Bull from the
Koolaupoko District Court, which had
been dismissed by Judge Humphreys
for non-appearance Of attorneys when
called up for hearing.
For nearly half an hour the Judge
spoke without notes. At first his re-
marks were received coolly by the bar
But as he continued and his logical
and unanswerable argument was I'M
folded, it was easy to the most casual
observer to discern that he was carry
ing the majority Of his auditors with
him.
Succinctly the facts relating to the
dismissal Of the cases were reviewed.
If there were a misrepresentation as
to when the cases were to have been
called the court could not be blamed
Upon Mr. Robertson's statement in af-
fdavit that he was conversant with
the facts and law of the case, that de-
PENDANTS had good defense and would
suffer injustice if their cases were not
but conclusion of law. Numerous
authorities were cited showing that
facts should have been cited in detail
for the guidance Of the court. There
was nothing on the records to show
that. although these appeals had been
pending for one or more years, single
subpoena had been served on witness.
Judge Humphreys then discussed the
congested condition Of the calendar. A
number Of causes for this congestion
had been made evident to him while
practicing at the bar. Merchants would
bring suit against slow paying custom
ers for the recovery Of debts in the
District Court. The debtor would ap-
peal from Judgment against him. trust
ing to the laws delay to stave of pay.
ment for perhaps several years. The
calendar, in consequence. had become
congested with a mass OF dead wood.
Comparatively very few fresh cases
were on the present term calendar
Many of the cases were from one to six
years old There was no occasion for
this. Litigants kept agreeing to post
pone. He mentioned a case that had
been heard six years ago. The judge
had been promoted to higher position
and had grossly neglected to render 4
decision prior to receiving his promo
ton.
II something were not done and done
quickly to rid the calendar Of its accu-
mutation of dead wood, what Charles
Dickens said Of the British Chancery
Court fifty years ago, could be very per-
tinently said of the Circuit Court of the
Territory of Hawaii. Judge Hum
phreys read from Dickens:
We'll may the court be dim, with
wasting candles here and there; we'll
may the fog hang heavy in it, as IL it
would never get out; well may the
stained glass windows lose their color,
and admit no light Of day into the
place; well may the uninitiated from
the streets who peep in through the
glass panes in the door, be deferred
from entrance by its owlish aspect, and
by the drawl languidly echoing to the
roof from the padded dais where the
Lord High Chancellor looks into the
lantern that has no light In it and
where the attendant wigs are all stuck
in a fog bank.
This is the court which has its de-
caying houses and its blighted lands in
every shire; which has its worn out
lunatic in every madhouse and its dead
in every churchyard; which has its
ruined sutton with his slipshod heels
and threadbare dress borrowing and
begging through the round of every
mans acquaintance, which gives 20
moneyed might the means abundantly
Of wearying out the right; which so ex-
hausts finances. hope. patience and
courage. that there is not an honor
able man at the bar who would not give
who does not often give-the warn
ing. suffer any wrong that can be done
you rather than come here
Judge Humphreys quoted authorities
to show that when case was dismissed
for non-appearanee Of appellant. the
court did not have jurisdiction to REIN
state the case. There was technically
but one dag for the appearance of par
ties-the first day Of the term The
parties and witnesses must be present
then and be ready for trial at any time
during the term
The court overruled the motion to re-
instate the case.
Mr.. Robertson noted exceptions
W. O. Smith attempted TO explain the
congested condition of the calendar.
George A. Davis strongly supported
the condition taken by the court.
WHAT m. 1o1xR1soN SAYS.