The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-12-17
KAMALO PLAINTIFFS HAVE
BAD DAY.
Judge Humphreys Holds Himself Dis
qualified-New Trial Altogether, Be
fore Judge Little.

A ruling given this morning by Judge
Humphreys, If sustained, will force the
attorneys for defendants in the famous
Kamalo sugar case, Hitchcock ct al. VS.
Frank Hustace ct al, to begin the en-
tire proceedings over again. The case
came up this morning after having
been remanded by the Supreme court to
the first circuit court for the taking Of
further testimony. Judge Humphreys,
after hearing argument declined to take
jurisdiction The attorneys for the
plaintiffs will ask the Supreme court for
a writ of mandamus to compel the
judge to hear the case.
When the case was called Attorneys
McCants Stewart, f. M. Hatch, j. AL
fred Magoon, A. q. Nj. Robertson, L. w.
Hankey and f.. b. McClanahan were
present representing the various par
ties interested. The question of whe-
ther Judge Humphreys, having heard
the original trial, should sit again after
the case had been remanded, was rails
ed at once. All the lawyers present
talked on the subject, McClanahan,
Hankey and Robertson contending that
a new judge ought to hear the case and
Magoon, Hatch and Stewart that Hum
phreys should proceed. 1t was argued
by the plaintiffs counsel that the case
itself had never been really heard on
appeal. the Supreme court without
hearing the merits of the case, having
granted a preliminary motion, ordering
the lower court to receive further evil
dence on a certain point. The attorneys
pointed out that a new judge could not
hear this additional evidence alone, but
would have to take up all the case.
Judge Humphreys held that under
section 81 of the Organic Act he was
disqualified. The section declares that
no Judge shall sit on appeal or new
trial. i'm any case i'm which he may have
l.. 1
ing that a new trial of the Kamalo case
had not been ordered technically
speaking, the court said that the new
proceedings would be virtually a retrial.
The court stated that the decree had
been reversed and that new one would
have to be found. "It may be that the
Supreme court thought that as a mat
ter of convenience and economy the
case had better be heard by the first
Judge" said the court, but it does not
appear that the matter was specially
considered, or that the Supreme court s
attention was called to section "a of the
Organic Act Under the decision it may
not be necessary to hear the entire case
again, but evidence is ordered taken on
vital points which | have before de-
cided. A new trial is virtually awarded.
The parties, either plaintiff or defend
ant, should not be embarrassed by be-
ing compelled to bring their case before
a judge who has already rendered deci-
sions as to the issues. / do not believe
| have jurisdiction and | decline to pro-
ceed further in the matter"
The plaintiffs attorneys at once be-
gan proceedings to bring the matter be-
fore the higher court. If a new judge
is to hear the remanded case, It will
have to begin all over again. as the
'udge will have to sign a new decree. If
Humphreys hears the case he is in a
posiuon to decide after hearing simply
the new evidence which was ordered
taken.
Judge Gear is disqualified, having
been a member of the firm of Davis and
Gear when the suit was brought, the
firm appearing for plaintiffs. If the
Supreme court holds with Judge Hum
phreys, and refuses to mandamus him
to hear the case, Judge Little will prob
ably be sent for to sit in the matter