The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-03-23
ARGUING
Supreme Court Matter
Being Heard.
President Dole TestIfes as 10 Nh
Understanding Of Chief Justice
Iudd's Resignation.

No decision has been rend@oa eco.
as TO the constitutionality OF the ~
prome Court as made up MT prcsc-,
Yesterday arguments. which have be,s
going on for three days, were coBus-
ued before Associate Justices Frcp
and Whiting, sitting with Circuit Judf,n
Perry on the Supreme bench. pros
dent Doe was the chief fgure In yes
teIday's proceedings and his exsmins-
ton the leading feature of the seSslo.N
Attorney General Cooper was IA
much OF a lay figure as ON Other daFR
lie was in the courtroom during al tbo
argument, but was SO quiescent an TO
cause again the comment which hin
failure TO plead the Governments cas~
has before drawn forth. There was er-
pectation of the Courts deciding tho
veXed question of its own legally yes
terday afternoon when 1t adJourned
until 1880 o'clock Immediately after
the morning session was convened
When Court was opened al that tiBrn
President Doe, at the request OF thu
Court, took the stand. lie was oues-
toned by the Court and by counsed.
and answered many queries as 20 the
resignation of Chief Justice Judd, the
incidents of his receiving 1t, and his
understanding of its time of taking Of
feet. Justice Frear conducted the dt.
rect examination Of the President
Attorney Long who, with MagO0n. Es
counsel for Bush and others, wh0sa
suit for 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
ulIHQfinng N him Vii In
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 tn
President Mckinley relative to Judda
resignation because he thought this
was the proper step to take"
Well" said Long, suppose Pnesi-
dent Mckinley had appointed n new
Chief Justice. Would he have had To
put out Judd, or was Judd considereS
out?"
President Dole replied that II Mo
kinley had chosen a new Chief JusticeS
that very action would nave meant the
acceptance of the resignation Of Juid
Our practice" said he, lis to accept
designations of officials IN writing. Il
have not heard from the Presidsrss
since l wrote him. ! furnished Spe-
cial Agent Hartwell, at Washington
with a copy of my letter to the PrasE-
dent, for his information.
Il did not authorize him to act 4E
the matter" This was in answer ta
repeated questions by Long as to ysA9
was the Governments representative
in the United States and what authoEa.
ty had been given him in the selectf0G
of successor to Judd.
Young Mr.. Judd was on the stnnas-
some time. He testified as to ;alks
with his father and President Dole, of
certain letters written to both, and aEx
to his fathers intentions. He was cez-
tain that his father did not mean to
go out of Office until another Chief
Justice was selected. Attorneys Long
and Humphreys quoted authorities to
prove their contention that Judd's res-
ignation took effect Immediately ON it
being handed to President Dole, and
that any oral explanations of other
intentions had no force in law. TheF
declared that all presidents upheld this
theory. Justice Frear evidently diE-
fered with this idea, and asked IL 10
their opinion oral evidence ought mos
to be considered in cases where it Was
plain that 1t was the resigner's intern
ton to limit his resignation by a state
ment as to when 1t went into effect