The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-22

isfied with the composition OF the
Court. Gear wanted 10 be Informed a.
10 what position he anu Humphreys
stood in. They claimed the right ID
object on the ground OF the Chief JUS
tees incapacity. Eyea II the rssig-
nation were not effective, they held
the CHIEF Justice had abandoned his
Office.
Magoon said Il do not consider IL
necessary TO inquire whether the CHIEF
Justice abandon ID his Office. l would
consider the decisions of this COur; val
id If IL could be shown that the Chief
Justice has not resigned. ] am there
fore opposed TO any attempt at estab-
fishing the fact OF the Chief Justices
incapacity."
Gear said he would let the point 20
in this case and bring il up again IN
one Of his own cases. The Court
misnt in the meanwhile render a de
cision in the matter of the resignation.
Justice Frear consulted with his col
leagues and announced that the Court
thought it best TO consider the case on
the grounds raised by counsel in the
case of Bush and others.
Attorney Long, associated with Ma
COON as counsel for Bush. then began
| his argument for his clients. He took
up first the documentary evidence as
to the legality of the Court, and said:
Did the endorsement by President
| Dole vacate the Office of Chief Justice!
/ Was there anything left to do or be
performed to make the resignation
complete? No. Parole evidence to
qualify a plain, simple and unqualified
resignation would be without authority
and without parallel. Ir anybody were
able TO write his full intentions in a
resignation it ought TO be the Chlef
Justice, who was man experienced
not merely in ordinary business but
the administration of law
Long said that he would anticipate
his adversaries-if there were any-Dy
quoting a decision from Hawaiian IN
the case of The Queen against John
Costa and Anna Costa.
This was written by Chief Justice
Judd and Joined in by Justices ). b.
Dole and X. r. Bickerton. The ques-
ton was the validity of indictments
presented by w. a. Whiting, commits
stoned as Deputy Attorney General by
Attorney General Creighton after the
Cabinet to which the latter belonged
had resigned under a vote OF want OF
confidence by the Legislature. The res
ignatiOns were dated December i, but
the new Cabinet of Queen Liliuokalani
only took office on December 5, 1897.
The decision upheld the theory that
the machinery of government could not
be allowed to stop, and in that case
the acts of the Attorney General were
held valid between his resignation and
the appointment of his successor. Yet
the Court intimated. that the accept
ance of a resignation was not essential
TO its completeness. 1t only went so
far on the other side as to say that Ii
was the duty of the sovereign TO APP
point her Ministers as soon as pos
sible."
Long said that the present case had
not the same basis as that quoted IN
8 Hawaiian. There would be much in
: convenience from an interregnum OF
the Supreme Court lasting a few
months, but it would not put a stoE
to the machinery of the Government
in general" He argued for many min
| utes in this strain. Attorney General
Cooper kept out of sight much of the
time. When he did drop into Court II
was with languid eye and ear. His con-
/ duct was in keeping with his declara-
. tons that the Government declined 70
| meet the objections OF the counsel
Judge Whiting toward the close OF the
session called him sharply to task. The
Associate Chief Justice wanted to
know the Governments views, and
was apparently much astonished by
the peoples attorneys inaction. You
= are for the defense in this case" said
Justice Whiting. and should answer.
Cooper looked blank and answered
: lamely that he was willing to submit
to the Courts finding. las a friend
! of the Court" said the Attorney Gen
) eral, I'VE are willing to be shut out
/ and let the Court decide. The Repub-
= lie Is satisfied to take the Court as now
constituted. II our Department can be
of service in this case, though, we are
I willing TO aid. but will need time. The
! opposing counsel have presented Q
3 very strong case"
= COoper's attitude was not relishec
e by the Bench. 1t is probable that i
( will be strongly limited to him that ne
!, must work a trifle for the Govern
= ment's side, and forget his own long
5 ings. The bar wonders at his inert
: ness and winks its eye. Today there