The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-04
pIsoRAcEs THE BENCH

SaprerBe Court Of HzEst5 on Last Tres
day tbs; deserve more than gSassaax -
ssue Ts-E vezs TIE ezs-s of 1s. 10
Chan & Goa ~. g7be Trznss ts2neic Fsre
Insurance Csnpszy and the szrss ira ~
Ibe Nsg5etarE FIR Iussrznrs CouTssy-
Tibe suits gr~ osz1 u the IRE of Jsxu-
--y el-ss sest 6y-snz ts-c Tpe-ic,s q eco -
caIled BaioEic plague
~ 10 the merits of tie DECISIONS Tbe
Republican has nothing 70 say az this
iiIze. bat i dos desiSs ard in1euf n
rsise its protest against th. action -
Judge Perry - the Sgprefne Court Ia sat
ting IN these czs- ard signing tie d.
crees "a one of the SsfrfsfiRz rBersszFs
al The oosrz- DuFiRz the alleged Be-
- aiiAry C0mnittsa. having 10 authority,
of ls~. was appointed by the Boari Of
Health and fH violeuce Of all law dele-
gated with certain T-cwers which not even
tie Board Of Heath I-ys-.=szed- The
actions q this ciiisens' Sanitary Com
mittee were most arbitrary snd i made
rules for the government Of the cfty and
district of Honolulu that would not -
contained IN the uksse of s I~tty COVER.
nor of province q Russia.
one Of the most prominent members of
this unIas-ful body was Antonio Perry.
then Circuit Judge Tor this district aud
now. unfortunately. member of the Su-
prs.fae Court of Hawaii A. was points-
oBs 81 the time. the courts instead % be
ing Judicial bodies wherein the people
could afsS-al for Justice. became members
cF an arbitrary io.iy that assumed TO GOV
an the community and there was no ap-
peal - the courts from the action of this
unlawful body for the reason that both
the then circuit judges. Messrs. Perry
aud STANLEY were members OF it,
This Citizens Sanitary Committee as
serted 20 itself power 10 prohibit a citi-
zen from even changing his place #
abode without permit Ii asserted 10
itself power 10 search auy mans prem
isss without wmraat or authority. I,
assumed 70 Itself 70 recommend that
places were unsanitary and should be IN
miEated by fne which meant that they
slonld le destroyed 10y fire. Acting un-
der this kind Of mob rule the Board OF
Health gave the orders to burn certain
property out Of which the suits mentioned
arose.
In all this unlawful work during the
so-called plague times Judge Perry took
most active part. He even personally
led an unlawful expedition into the pri-
vate residence OF citizen and he ap-
ppared In police court a. assistant prose
cutor in case. tnat, had there been any
justice in the land AZ the time. would in
the natural order Of things have be.
appealed to the very court in which Perry
was supposed to preside as Judge IN
that case Mr. Perry showed himself to De
utterly devoid of all sense Of judicial pro-
priety Not only that. but he showed
himself 10 be devoid Of all sense of profes-
sioual ethics.
As he was devoid OF Judicial propriety
last January. 50 he * devoid of the same
thing now. Having taken the active part
he did in unlawful acts aS member of
the Citizens Sanitary Committee it was
but tittiug and proper that he should have
refused to sit in the Insurance cases just
decided by the Supreme Court II would
seem that his own sense Of propriety and
justice should have prompted him to have
notified the Chief Justice that he couSi,L
cred himself disqualified to sit in the
eases.
HUT not so Mr. Perry; as he was de-
void of judicial propriety last January
80 he is devoid of it now and makes the
Supreme Court of the Territory of Ha-
waii a by-word and sneer in the mouths
of the people. Evidently it is not enough
that the Supreme Court of the Territory
should reverse itself in two eases in which
the same legal question is involved, hut it |
must still further drag its ermine in the
mire by having one of its members sit in !
the adjudication of causes which be was
an active agent to bring about.
The Court itself says in the case
against the Transatlantic Fire Insurance
Company: For time the courts sus-
pended business for the most part" And |
again: "lt is true that in this case the |
business of the courts was more or less |
interrupted" Indeed they were more or |
leSs interrupted. They were entirely in |
terrupted and no trial of any cause was |
had in the circuit courts of the First Ju- |
dieial District from December (. 1899 ,in- |
til May =. 1900. And part of this time |
Antonio Perry who was supposed 10 he |
serving as = Circuit Judge and dispensing |
justice to the people was exceedingly act |
iye as = member Of an unlawful body |
known rs the Citizens Sanitary Commit |
tee Mr.. Perry may not see any impr- |
priety in his acts as member of the |
Supreme Court any more than he failed |
10 see any Improperly in his acts last |
winter as a judge Of the circuit court. |
Rut he VIII find that conditions have |
changed now. This is United States ter |
ritory now and Mr.. Perry as a Judge /
viii have TO comport himself as a Judge
The days when cases involving prop
erty were only taken up on the direct per
sonal sppeal Of friend OF the Judge
have thank God. passed AWAY in Hawaii.
even if Perry IS stfil on the bench.
Thee hS;ago hnter-ussan had good rea-
son TO say that The Republican had
,F -. =. |