The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-22
A ONE-SIDE
ARGUMENT
Supreme Court Legal
Aspect.
is IT CONSTITUTIONAL 2
Attorney General COOper's Attitude
In the Matter PrOyokes Much
Unfayorable Comment.

For two days the question OF the
legality Of the Supreme Court as at
present constituted has been argued be-
fore the Court itself Associate Justices
Frear and whiting have been accom-
panied on the bench by Circuit Court
Judge Perry. As "a well known Chief
Justice Judd has been away from Ho-
nolulu for six or seven months. The
March term OF the Court was opened or
last Monday. Before any cases were
considered the eonstitutionali,y OF the
bench as composed OF but two supreme
justices was attacked. Lawyers whose
clients had appeals before the Court
wanted assurance OF the Courts right
TO sit. Immense Interests might be
jeopardized by a doubt OF the Courts
legality. land titles involved In some
OF the suits 20 come up might be in
validated.
SO petition for a continuance OF tho
case OF j. r. Bush anu others against
the Republic OF Hawaii was made the
basis OF argument on Tuesday ]. A.
Magoon and /. NJ. Long. counsel for
Bush and others presented the petition
praying that the case be not heard until
a Chief Justice be appointed. IL was
alleged that tho Court n not properly
constituted TO hear cases. that A. Perry
Is not legally qualified 20 sit on this
case: that heretofore. on the 2sth day
OF December. 1899. the Honorable A. y.
Judd, then Chief Justice OF this Court.
duly filed with 8. u. Dole. President OF
tails Republic. his written resignation
OF the chief Justiceship OF this Hon
orabie Court, and that the said A. y.
Judd then and there ceased 10 be Chief
Justice OF, this Honorable Court
Wherefore plaintiffs pray that this
Honorable Court decline 10 hnar the
above entitled cause al this time and
until a chief justice shall be duly ap-
pointed and installed In Office. ard that
Hon. A. Perry may not SIT In this case.
Attorney General Cooper IA the legal
representative OF the Hawaiian Repub-
lie was expected by the members OF the
bar-and evidently by the Court-to act
his part In the hearing. II was nat
urally supposed that he would-as the
Governments case was on trial-defend
the Republic OF Hawaii In the argument
brought by tho lawyers for Bush and
others. Instead he has neglected his
client's-the GovernmentAcaHe and
has been conspiruous'y absent In the
controversy. Only when his presence
was demanded by the Supreme Court
| Justices did he come into Court and
| then only % shirk his duty with the
I assertion that the Government intend
"a % take no stand In the matter but
that ne would look up any authorities
wanted by the Court HE striking in
difference in this case-of Vital impor-
tance % the people OF Hawail-has
been differently interpreted. Cooper.
say many lawyers. ls letting an ambi-
tion 20 wear the shoes Of the Chief JUS
tice overcome hls plain duty I'm the
premises: he is sacrificing the Govern
ment's interests for personal desires.
/ HIS position On the ma ter ls un'cnable-
| Pre- ident Dole and the leaders of the
Government hold that Chief Justice
sudd's resignation does not take effect
until his successor is appointed. and
that under the Constitution Judre Per
/ ~ or another may on up be Benc1 for
all purposes. Cooper. az the attorney
| for the Government should defend this
stand. he should also as counsel for
| the Republic % Hawaii defend his
lclient in the suit which Bush and others
have brought. a7d OF which the above
/ petltIon A. r.lt His failure TO do
| this has excited much unfavorable com
mept even from those who contend for
the resign ..r Il Judd. The bar be
J lIevss thai Cnorer yearns 10 be the next
chic Justice and that by letting the
case 20 by defaul;. he hopes for de-
rision that Judd's seat Is vacant and
therefore ready for another man.
On the opening % court yesterday
afdaylts. as published in full In yes
terday's Advertiser, we're presented.
The amfavits were from President
Dole as 20 his receiving Chief Justice
.Jndt's resignation: from A. =. Judd,
Jr. relative 20 his fathers Intentions.
and from Auditor General Austin as to
the chief Justices salary having been
paid up 20 the present time.
Young Mr. Judd was certain that ma
father intended and believed his reslg-
nation TO take effect only when his sue
csssor was appointed, and president
Dole had a thorough understanding on
tbis noInt 81 the time the resignation
?