The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-11
BAR ON
THE BENCH
Lawyers Address Judge
Humphreys.
FRICTION BETWEEN Them
Attorneys Voice Their Feelings as
to Arrangement Of the
Calendar.

IL was evident from little incident
which occurred I'm the Circuit Court
yesterday that the bar and the bench
Of the city are not on AS excellent terms
as might have been expected consider
ing that the new Judge took his seat
but few short weeks ago. Judge
Humphreys had just concluded a long
oral decision in which he declined to
re-instate certain cases on the court
calendar and had taken up the matter
Of the jury cases.
w. q. Smith started the ball by say
ing that he desired to see good feeling
between the bar and the bench OF Ha-
wall lie thought that the members of
the bar were not TO blame for the
crowded condition Of the calendar. for
there had been many causes for the de-
lay I'm litigation. There had been
periods when there had been many
changes I'm the bench and again terms
we're single cases had occupied almost
the entire term while OF late the plague
visitation had interfered with the dis
position Of cases that had been pend
Ing. owing To the quaraItining Of the
city.
George Davis agreed with the court
that the court calendar was much con-
gested and said that in the past there
had been much partiaiity in assigning
cases before their regular place on the
calendar.
=. NJ. Ballou then asked for n ruling
on the question OF whether when one
member Of n firm OF attorneys was oc-
cupied In one court room and n case
came up In another court, that case
would be dismissed for non-appearance
OF the attorney. lie asked also II when
an attorney was engaged In the trial
Of a case In one court and another case
came up In which the same firm was
engaged and OF which the attorney
mentioned had particular knowledge
that case might not be postponed until
the member of the firm who had pre-
pared II could give II his attention.
Judge Humphreys said that law firms
should not take more cases than theJ
were able TO handle or should engag,
additional help. He could not accept
such excuses for failure to attend.
Theroat w. a. Kinney arose and an
nounced that while heretofore, by ar
rangement between the court ant
counsel. II had been the custom of thu
courts TO have cases assigned to thu
assistant Judge 40 as to expedite ousi
ness he should hereafter contest tn
right OF the presiding Judge to assign
any case for the consideration Of tn
assistant that should be properly be
fore the presiding judge.
1T was formerly a matter Of mutua
accommodation between the court an
counsel" Mr.. Kinney continued. blu
that was when the relations betwee
the members of the bar and the benc
were different from what they are 20
day In Hawaii. II was made a matte
: OF custom. so that business might b
= dispatched, but now In view Of the ru
!. Ing OF the court shall have to inst,
. upon having all cases properly befoi
your honor tried by him instead of n
n assistant Judge"
. 1T was intended. Mr.. Kinney" sa
- Judge Humphreys. when the cou
made the ruling referred to that
should apply TO jury-waived cases onl
and an exception may be made I thin
In favor Of the jury cases."
The calling Of the calendar went {
and presently the numerous insuran
cases, arising out OF the Chinatov
fres were reached and Judge Hun
phreys was about to divide them b
~ tween Judge siiliman and himss
when L. A. Thurston arose to prote'
II represent a partnership" he sal
and as some of these cases are to
tried with n jury and some without
shall have 90 ask that they all BE- q
IT. signed TO the presiding Judge. m We