Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-03-24


Mr.. Humphreys disclaimCd any at
tack on the chief Justice. II the hand
Of God were laid upon the monument
Of the office, there was no Improperly
in recognizing the fact.
Justice fICar nyIIId discussion ON
the preliminary question o. the CON-
petcnCe Of the documentary evidence
offered besides the resignation.
Mr.. MagUon objected to all outside
statements. The resignation stood for
itself.
Mr.. Cooper, referring to The conten-
ton that a letter referred to by Mr..
judd in his uiildavit ough- 10 he pro-
ducCd. said after consultation with the
affidavit that a search would be made
for Il. He further stated that, so far
as the Attorney Generals department
was concerned, he would simply say
that he was satisfied with the compost
ton of the Court. He shortly after
ward withdrew, leaving Deputy Attor-
ney General Dole to represent the Re
public in the case before the Court.
Mr.. Magoon asked If they should pro-
coed with their argument, to which
question Justice Froar nodded assent.
Mr.. Gear desired &c know what po-
sition he and Mr.. Humphreys we're in
They claimed the right TO object on
the ground Of the Chief Justices inca
pacity. Even IL the resignation wert
not effective, they held the Chief Jus
tice had abandoned his OIL e.
Mr.. Magoon did not consider It ne
cessary to inquire whether the Chic.
Justice had abandoned his Office. J
would consider the decisions of this
Court valid IL 1t could pc shown tina
the Chief Justice has not resigned. ]
am therefore opposed to any attempt
at establishing the fact of the Chief
Justices incapacity.
Mr.. Gear would not insist on that
point in this case, but would let 1t go
over to one of his own cases. The
Court in the meantime might render
that question unnecessary by a deci-
sion on the sole matter OF the resigna-
ton.
Justice Frear, after consulting JUS
tiCe Whiting and Judge Perry, an
nounced that the Court thought 1t best
to consider the question on the grounds
raised by counsel in the present case.
Mr.. Long, associated with Mr.. Ma
coon, then began his argument for the
plaintiffs, beginning with the documen-
taTy evidence as to the legality of the
Court. Did the endorsement by Presi-
dent Dole vacate the Office of Chief
Justice? Was there anything left to
do or be performed to make the resig-
nation complete? NO. Parole evidence
to qualify plain, simple and unquali-
fed resignation would be without au-
thority and without parallel. IL any
body were able to write his full inten.
lions in resignation 1t ought to be the
Chief Justice, who was man expert.
cnced not merely in ordinary business
but the administration of law. Mr.
Long anticipated his adversaries, II
there were any he said, in quoting O
decision from Hawaiian in The Queer
VS.. John Costa and Anna Costa. This
was written by Chief Justice Judd ant
Joined in by Justices S. b. Dole ant
X. Il. Bickerton. The question was
the validity of indictments presented
by w. A. Whiting commissioned a.
Deputy Attorney General by Attorne,
General Creighton after the Cabinet t.
which the latter belonged had re
signed under vote of want of conf
dence by the Legislature. The resig
nations were dated December but tn,
new Cabinet Of Queen Liliuokalan
only took Office on December 8, 1892
! The decision upheld the theory tina
the machinery Of government coult
not be allowed to stop, and in that cas-
the acts Of the Attorney General wer
held valid between his resignation an,
the appointment Of his successor. Ye
| the Court intimated that the accept
ance of a resignation was not essentia
to its completeness. 1t only went s.
far on the other side as to say that
was the duty of the sovereign to ap
point her ministers as soon as possible
Mr.. Long went on to argue that tn
present case mad not the same basi
as that quoted. There would be nue.
injustice and inconvenience from a
interregnum of the Supreme Cour
lasting few months, but 1t would nc
put a stop to the machinery of govern
ment in general.
1t was noticeable that, while the al
torney for the plaintiffs was arguin
the legality question, the Deputy Al
| IOTHey IeHerdl dDSenteu HliHSell III I'll
lobby, apparently in keeping with tn
Attorney General tacit declaratio
that the Government declined to figt
the objections.
Thursday, March %.
President Dole is ON the wit
ness stand this afternoon. To
Mr.. Gear he answered that he
considered the Chief Justices
resignation should take effect
upon appointment of successor.
President Mckinley had not
answered his letter on the sub
ject.
} Justice Whiting opened the Supren
; Court this morning and adjourned
1 until 1880 p. m, announcing to pen
!. | hnro Of thu hAI IrnSnnt IL n thou aI