The Hawaiian gazette., 1900-03-23

8 "a aIfhHui dHntlessat dray
have nnl accepted hf zee fHailuH
a YHf Ht Ihii would fnhHrfaIt fhf
status nf thn rnuf. there irIrH ira4
provision inf temporarily hluf one
lp'Hfp 40 900 IhEfu. justice hIl non
flyIi.nf Cor 1u absolute vacancy ~
lDsrt hy permanent appointment
"Iudrr Judd 1iirefs DO present is
| clifton snrngs New YORK
~ am NJ President mos. respect
SANFORD y DOLE
ITO the President oi ihe United States.
Washington
| While MAROON and Long are the at
torneys for Bush and others. the plain
Tins IN the particular case on trial. 9TH
or lawyers were invited to speak yes
terday by the Court.
Attorney George y. Gear attacked
the affidavit Of the Chief Justices son.
and said THE resignation speaks for
itself and any effort TO contradict It
would be as incompetent in this Court
or any court OF law. Here especially
1t is inadmisslble in that It seeks to
place before this Court evidence as to
what was in certain letters. II there
have been letters of that kind written
the letters are the best evidence. The
affidavit seeks to state his fathers in
tentions which cannot be set forth in
the way he has attempted. That 1T
was his understanding of the law that
his resignation would take effect only
upon the appointment of his successor
that he so intended II and that words to
that effect would be merely superflu-
GUS ! object to all that part of the
affidavit. Also to the part of the aft
davit which speaks about instructions
given me by my father since he wrote
his letter of resignation and 'reiter-
ated In a letter written by his direc-
| ton; that on the occasion of the writ
| ing of his letter of resignation | draft
ed letter for him which specified that
his resignation was to take effect upon
the appointment of his successor !
ask that that letter be produced In ev-
idence and that that part OF the affi-
davit be not received by this Court on
| the ground that If there is any such
letter it should be produced l object
to the further statement in here that
| he has not received from his father
any intimation that his resignation
| was intended to take effect or that he
desired that II should take effect eX-
cept upon the appointment of his sue
cessor,' as inconsistent with the facts
as hereinbefore set forth. | also OBJ
ject generally on the ground that 1t is
| irrelevant, incompetent and inmate
rial, on the ground that it is hearsay
and that it is not the best evidence and
on the grounds before stated. Also on
the ground that it directly contradicts
his resignation, which the Court must
| construe by the terms of the reslgna-
tipn itca1f ha CONTRA Ii ptaI
by parole testimony"
Attorney A. S. Humphreys conceded
with Attorney Gear, and the Court said
that the best course would be to have
the afiidavits filed and received, sub
ject to the objections as to how far the
evidence was relevant. The affidavit of
the Auditor General was then filed,
when Gear resumed: II make the for
NAL objection to this affidavit that 1t is
incompetent, irrelevant and inmate
rial. The question of whether he Grew
his salary or not is immaterial and it
cannot affect his resignation. And,
further, that at the time he was sup
posed to have given his power of at
torney he was not competent to give
it, having been incapacitated by seri-
Gus Illness"
Humphreys said: Il desire, in order
that l may get my contentious before
the Court, to state on behalf OF my ell
ents that / shall contend that there is
an absolute resignation without refer
ence to It's acceptance snail con-
tend furthermore that there mas Deen
an abandonment, or the once, ana i
shali contend furthermore tnat the OF
nee Is vacant by reason OF the ihsanl-
ty or the Chlef Justice, as provided IN
Article Al OF the Constitution; which
insanity we VIII oher evidence on. l
snall turther contend that that power
OF attorney Is absolutely void, having
been given by an insane man; and II
ne was not insane when IL was given,
1t has become void, as ne has since be-
come insane, which fact absolutely re-
Vokes 1t, ana those payments are ao-
solutely illegal.
Attorney Magoon said that he did
not attack the position OF the Chief
Justice on the ground OF lncapacity.
He would not consent to such an at
tack as far as his client was r0npprn-