Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-03-24
Busy Week With the
Supreme and Circuit Court
Monday March 10.

sur Nssug.a.o justices W. r. Freag
and Is A. whiting occupied .Hs bench,
bci-g the only members OF the Court
a,nca Che resignation Of Chief Justice
Judd. There was a goodly attendance
Of the bar.
Several times while the calendar was
5cing called the cCustiutiOnality of the
Court as constituted, with is cher
seat vacant. was raised by attorneys.
siessrs Humphreys. Robertson ana
Creighton each expressed desire to be
heard on the question if 1t should be
submitted to argument, Justice treac
announced for each of different cases
abe name of substitute justice IN iii
zap the bench.
The Court set tomorrow morning
Cor hearing argument on the legality of
itself as constituted and then adjourn
ed until that time.
Lyle A. Dickey, attorney for dcfen-
dants in Cartwright VS.: liukea, moves
70 introduce on appeal certificate
from the Registrar of Conveyances con-
corning mortgages of James Aud and
Uwini Aud.
Judge Perry has admitted the will OF
Mary Kaumana Widemann to probate,
appointing II. Il. Macfarlane, +. w.
Macfarlane and J. NJ. Dowsett as exec
utors under $4,000 bond. Hatch for
petitioner.
Order OF dismissal has been fled by
plaintiff in bill for partition Of Geo.
Markham VS.. kanewahine ct al. Z. =.
Biting for plaintiff.
Maria L. Borba has filed fire
claim Of SHIPS, and Thomas Sanders
one OF S3S275.
Tuesday, March 20.
According to what was announced in
yesterdays Bulletin the status Of the
Supreme Court as at present CONSTITUTE
ed cane up formally this morning.
Circuit Judge Perry took seat on the
bench along with First and Second AS
sOciatc Justices Flear and Whiting.
Mr.. Maguun. on the case of John l..
Busu ct al. vs.. Republic Of Hawaii,
SUIT I'm CiectmCnt, being called present
ed The following petition:
petition of plaintiff, praying that
This case be not heard until a Chief
Justie, Of this Honorable Supreme
Court shall be appointed
Now come John L Bush ct al,
plaintiffs IN the above entitled case. by
thcir attorneys, !. Alfred Magoon and
%. Z. Long. and show To this Honor
IEie Court:
Il That this Court Is not properly
constituted to hear cases.
-. That A. Perry, Esq, is not legally
qualified to sit in this case.
- That heretofore, on the 2Sth day
Df December, 1899. the Honorable A. f.
Judd, then Chief Justice of this Court
duly filed with S. b. Dole, President OF
ghs Republic, his written resignation
~ the Chief Justiceship of this Hon.
arabic Court, and that the said A. +,
Judd tnCn and there ceased to be Chief
Justice Of this Honorable Court.
Wherefore plaintiffs pray that this
Honorable Court decline to hear t.iC
above entitled cause at this time, and
IRtN a Chief Justice shall be duly APP
pointed and installed in office, and that
Hon. A. Perry may not sit in this case
JOHN l.. BUSH ct al, by then
attorneys, !. ALFRED MACON and
N. LONG
NIr. MnE0on, following up the filing
Of his petition, alluded to the import
auca Of the question raised, but asked
Tor u continuance Of the case till to-
morrow morning. He did not desire L
argue the merits Of his clients cause
until the constitutional standing Of tn,
Court was determined.
Justice Frear stated that the peti
tton did not convey all the facts bear
ing on the question. Had counsel an.
other facts to present?
Mr.. MagOOn answered that he sup
posed the facts in the petition woul,
be- taken as established unless and un
Ill they were rebutted.
Attorney General Cooper, being ask
ed by Justice Frear II the Government
had facts or authorities to present
said that the Executive had conclude
20 take no part in the argument. The
would take the leading of the Court
however, by looking up authorities
desired.
Justice Frear stated that the Cour
was in possession of some facts nc
mentioned in the petition. II had cor
les of the Chief Justices letter of resig
nation and President Doles lette
Lhereupon to President Mckinley. Pos
sibiy there might be evidence produc
be also to Chief Justice Judd's II
tentions as to when he desired h
resignation to take effect. ar Judd
son, an attorney of the Court, might /
able TO throw some light on this poin
Justice Frear had understood that Il
Chief Justice continued to draw h
salary. On consultation with his co
seagues he granted the continuance
ehe case, and the Court then adjourne
ill 10 o'clock tomorrow.
After adjournment Justices Ere:
and Whiting, Attorney General Coop
and Mr.. Magoon granted the Bullet
permission to publish the letters cit,
by the First Associate Justice.
Clifton Springs. N. Y. Dec. 4, 1Sa
Hon. S. b. Dole, President of Il
Dan,,bl;. % IIau,at