The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-23
STILL ARGUING
Supreme Court Matter
Being Heard.
President Dole Testifes as to His
Understanding Of Chief Justice
Judd's Resignation.

No decision has been rendered yet
as TO the constitutionality OF the Su-
preme Court as made up at present.
Yesterday arguments, which have been
going on for three days. were eontin-
ued before Associate Justices Frear
and Whiting, sitting with Circuit Judge
Perry on the Supreme bench. Presi-
dent Dole was the chief figure in yes
terday's proceedings and his examina-
ton the leading feature Of the session.
Attorney General Cooper was as
much Of lay figure as on other days.
He was in the courtroom during all the
argument, but was so quiescent as 10
cause again the comment which his
failure TO plead the Governments case
has before drawn forth. There was ex-
pectation of the Courts deciding the
vexed question of its own legality yes
terday afternoon when it adjourned
until 1870 o'clock Immediately after
the morning session was convened.
When Court was opened al that time
President Dole, at the request OF the
Court, took the stand. He was ques-
toned by the Court and by counsel,
resignation of Chief Justice Judd, the
incidents of his receiving it, and his
understanding of its time of taking eff
feet. Justice Frear conducted the d.
rect examination of the President.
Attorney Long who, with Magoon, Is
counsel for Bush and others, whose
suit for a continuance of their case in
the Supreme Court until a Chief Jus
tice is appointed, has formed the basis
for the present argument, also put
many questions to him. Long tried to
trap President Dole into admitting
that he understood Chief Justice Judd
to be out of Office at present. Dole
said that he had sent the letter TO
President Mckinley relative to Judd's
resignation because he thought this
was the proper step to take"
Well" said Long, suppose Presi-
dent Mckinley had appointed a new
Chief Justice Would he have had TO
put out Judd, or was Judd considered
out?"
President Dole replied that IL Nc
K.nley had chosen a new Chief Justice
that very action would nave meant the
acceptance of the resignation of Judd
"Our practice" said he, SIS to accept
designations of officials IN writing.
have not heard from the President
since ! wrote him. l furnished Spe-
cial Agent Hartwell, at Washington
with a copy of my letter to the Presi-
dent, for his information.
Il did not authorize him to act In
| the matter" This was in answer "a
repeated questions by Long as to who
was the Governments representative
/ in the United States and what authOri-
ty had been given him in the selection
/ OF a successor to Judd.
Young Mr.. Judd was on the stand
some time. He testified as to talks
with his father and President Dole, oil
/ certain letters written to both, and as
/ TO his fathers intentions. He was GER
tain that his father did not mean "a
90 ous of Office until another Chief
Justice was selected. Attorneys Long
/ and Humphreys quoted authorities 70
prove their contention that Judd's res
/ ignation took effect Immediately on II
being handed to President Dole, and
/ that any oral explanations of other
/ intentions had no force in law. They
declared that all presidents upheld this
/ theory. Justice Frear evidently diff
/ fered with this idea, and asked If in
/ their opinion oral evidence ought not
to be considered in cases where 1t was
plain that Il was the resigner's Inten-
/ ton to limit his resignation by a state
ment as to when It went into effect.
/ The hearing will be resumed this
morning.