The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-08-14
THE BAR ON
THE BENCH
Lawyers Address Judge
Humphreys.
FRICTION BETWEEN THEM
Attorneys Voice Their Feelings as
to Arrangement Of the
Calendar,
(From Saturdays Daily.)

Humphreys had just concluded "A long
oral decision in which he declined to
re-instate certain cases on the court
calendar and had taken up the matter
of the jury cases.
w. O. Smith started the ball by say
ing that he desired to see good feeling
| between the bar and the bench Of Ha-
wall lie thought that the members of
! the bar were not to blame for the
| crowded condition of the calendar, for
there had been many causes for the de-
| lay in litigation. There had been
periods when there had been many
changes in the bench and again terms
were single cases had occupied almost
the entire term while of late the plague
visitation had interfered with the dis
position of cases that had been pend
ing, owing to the quarantining of the
city.
George Davis agreed with the court
that the court calendar was much con-
gested and said that in the past there
had been much Partially in assigning
cases before their regular place on the
calendar
S. M. Ballou then asked for a ruling
on the question of whether when one
u
cupied in one court room and a case
came up in another court, that case
would be dismissed for appearance
of the attorney. He asked also if when
an attorney was engaged in the trial
of case in one court and another case
came up in which the same firm was
engaged and of which the attorney
mentioned had particular knowledge,
hnt lob ,nt Ia
the member of the firm who had pre-
pared it could give it~his attention.
Judge Humphreys said that law firms
should not take more cases than they
We're able to handle or should engage
additional help. He could not accept
such excuses for failure to attend
Thereat w, A. Kinney arose and an
nounced that while heretofore, by ar
| rangement between the court and
| counsel it had been the custom of the
| courts to have cases assigned to the
| assistant judge so as to expedite ousi-
ness he should hereafter contest the
right of the presiding judge to assign
any case for the consideration of the
assistant that should be properly be-
fore the presiding judge.
1T was formerly matter of mutual
accommodation between the court ana
COUNSEL" Mr.. Kinney continued, but
that was when the relations between
the members Of the bar and the bench
were different from what they are to-
day in Hawaii, 1t was made a matter
of custom, so that business might be
dispatched, but now in view of the rul-
ing of the court l shall have to insist !
upon having all cases properly before
your honor tried by him instead of the
assistant Judge"
IT was intended, Mr. Kinney" said
Judge Humphreys, when the court
made the ruling referred to that it
should apply to jury-waived cases only,
and an exception may be made / think
in favor of the jury cases"
The calling of the calendar went on
and presently the numerous insurance
cases, arising out of the Chinatown
fires were reached and Judge Hum
phreys was about to divide them be-
tween Judge Silliman and himself
when l.. A. Thurston arose to protest.
II represent n partnership" he said,
and as some of these cases are to be
tried with a jury and some without 1
shall have to ask that they all be as
signed to the presiding judge, N view
OF the ruling of the court n this mat
ter"
Judge Humphreys said that circum-
stances altered eases and he thought !
that an assignment of the ca ses could |
be made that would be satisfactory 20 |
all parties.
In ruling ON the matter OF the re-in- !
statement OF the Koolau cases Judge
Humphreys spoke at much length on
the Congested state OF the court calen- |
dar. a great many OF these cases, he
said, had been on the calendar for sew
eral years. Most of them, or a great |
many OF them We're wherein the defen-
dant had appealed from the decision OF
the District Court, trusting SO 10 delay |
that they might avoid payment some |
Of them were six years old. and one OF
small amount was begun In 1891 lie
did not wish the courts OF Hawaii 10 |
become place where delay might de- |
feat justice, lie oYerrued the motion /
for the Reinstatement OF the cases,
The calling OF the calendar WAS then |
resumed ana large number of cases |
were disposed or relieving tho oalen- |
aar NJ upwards of sixty cases win |
which Il WAS numbered
pEsKYrl.ApK CASE DECIDED,
judge Humphreys yesterday render /
ol q decision h favor VI the plainlin Ia |
Ihe ease of Charles =, pesky vs. Mra |
Thomas la'k glslps mdRmenl fQr : 60
ANA rusis
ron ihr lth ~ August ludse Hum |
phfrlH says This e9prs dismissed his |
rass unirf q mlsnpplehnnslon ~ facts. /
ihr prirr ~ dismispal hRi nos been fRr
Nlfl anon lhp minutes mad nai pesn /
aligned hl lhs iulRr apl eth rrulAlnali I