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

was handed him. This IS proved by
his letter TO President Mckinley. as
follows:
Executive Chamber.
Honolulu, II. l., Dec. IS. 1899.
"Mr. President: Yesterday / re-
ceived Mr.. Judd's resignation as Chief
Justice of the Supreme Court Of the
Hawaiian Islands.
While in the cases Of other ydcan-
cies in official positions of this govern
ment / have followed the practice Of
making appointments subject TO your
authority. have preferred in this mat
ter, considering the Importance Of the
position and the prospect OF an early
substitution of new form OF govern
ment for our present system, to refer
the matter to you for your instructions
in case you should desire to give any
Judge Judd has been incapacitated
by Illness from attending to his official
duties for a good part OF a year and
has resigned, as / understand, because
of that alone. His absence from Judi
cial work has. to some extent, been an
Inconvenience to proceedings in the Su-
preme Court.
1T is desirable that the place be
| filled without unnecessary delay.
II have not accepted his resignation
as yet, as that would embarrass the
status OF the Court, there being legal
provision for temporarily filling the
place of an absent justice, but none
| providing for an absolute vacancy, ex-
cept by permanent appointment.
Judge Judd's address at present is
Clifton Springs, New York.
II am, Mr.. President, most respect
fully yours,
SANFORD b. DOLE.
ITO the President of the United States,
Washington"
While MagOon and Long are the at
torneys for Bush and others, the plain
tiffs in the particular case on trial, 9TH
er lawyers were invited to speak yes
terday by the Court.
Attorney George ID. Gear attacked
the affidavit of the Chief Justices son,
and said: THE resignation speaks for
itself and any effort to contradict 1t
would be as incompetent in this Court
or any court of law. Here especially
1t Is inadmissible in that it seeks to
place before this Court evidence as to
what was in certain letters. IL 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 1t and that words to
that effect would be merely superfiu-
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 thai
his resignation was to take effect upor
the appointment of his successor
ask that that letter be produced in ev'
idence and that that part OF the afi-
davit be not received by this Court or
the ground that II there is any such
letter 1t 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 1t should take effect ex-
cept upon the appointment OF his sue
cessor,' as inconsistent with the facts
as hereinbefore set forth. | also OBJ
J ject generally on the ground that 1t Is
irrelevant, incompetent and inmate
rial, on the ground that ii is hearsay
and that 1t is not the best evidence and
on the grounds before stated. Also or
the ground that 1t directly contradict:
his resignation, which the Court mus
construe by the terms of the reslgna
.. ton itself. 1t cannot be contradicteC
. by parole testimony"
, Attorney a. S. Humphreys coincidet
with Attorney Gear, and the Court salt
: that the best course would be to have
the afildavits filed and received, sub
ject to the objections as to how far TIT
: evidence was relevant. The affidavit o
Z the Auditor General was then filed
when Gear resumed: II make the for
? NAL objection to this affidavit that it i
; incompetent, irrelevant and inmate
rial. The question of whether he drev
4 his salary or not is immaterial and
cannot affect his resignation. And
further, that at the time he was sup
posed to have given his power Of at
4 torney he was not competent 70 Civ
it. having been incapacitated by seri
Gus illness"
Humphreys said: Il desire. in ordt
that / may get my contentious belbr
= the Court, to state on behalf of my eli
p ents that / shall contend that there
: an absolute resignation without re1el
: ence to it's acceptance. l shall cpr
2 tend fur hermOTe that there has bee
!. an aban .onment of the Office, and
shall co ltend furthermore that the o.
: flee is vacant by reason Of the lnsdn
ty OF the Chief Justice, as provided !
4 Article A of the Constitution; whic
& insanity we will offer evidence on.
4 shall further contend that that pow'
4 - - .H.aA h -
y been given by an insane man; and
3 he was not insane when IL was give
3 it has become void, as he has since b
u come insane, which fact absolutely r
: vokes 1t, and those payments are a
7 solutely Illegal"
> Attorney Magoon said that he d
" not attack the position of the Chi
Justice on the ground of incapacit!
2 He would not consent to such an a