The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-28

= HE following is F. w. Hankey's
additional brief replying to the
brief of Judge Humphreys
IN THE MATTER OF THE CHARGES
OF THE BAR ASSOCIATION FOR
THE TERRITORY OF HAWAII
AGAINST HON. ABRAM S. HUM
PHREYS, FIRST JUDGE OF THE
CIRCUIT COURT FOR THE FIRST
JUDICIAL CIRCUIT, TERRITORY
OF HAWAII
BRIEF OF FREDERICK W. HANKEY,
Counsel for the Bar Association
The Honorable Attorney General of the
United States:
The forum before which this contro-
yersy has come is of such a character
as guarantees the fair and impartial
consideration of the matters presented
with a view to the ascertaining and de-
termining the situation between the
Judge against whom these charges have
been preferred. and the Bar Association
which has appealed for redress from
what they alege and claim to be unmit-
igated evils.
1t is true that the attitude Of this con-
troEersy lacks some of the elements of a
judicial inquiry, inasmuch as the chief
legal representative of the United States
whose action shall determine the issues
involved, is at the same time a conspc-
uous and eminent actor in the admins
tration which made the appointment
now sought to be obviated. This obser-
walton must increase the untrammeled
confidence which all the parties to this
matter have had in the fairness of the
tribunal before which it was heard.
1t may be stated, however, that some
relaxation from the ordinary strict rules
governing charges against one accused
Of offenses must be INDUCED equally in
behalf of those making the charges and
of the respondent.
1t would seem that the respondent has
viewed this proceeding somewhat as an
Indictment preferred by a body exercis
ing, for the purposes of the case, the
functions of a grand jury, and by a plea
of confession and avoidance, at any rate
as We think partially, requires that the
specific charge be in toto and In detail
established by the same character and
weight of testimony as would support
verdict of guilty upon an Indictment.
The writer of this brief apprehends that
such narrow considerations will in no.
wise limit the investigation of the t
torney General, and that If from the
whole consideration, it shall be gather
ed that the interest of the public within
this Territory shall be subserved by
curtailment of the extraordinary powers
exercised by the respondent, the action
of the Attorney General in his recon-
mendation to the President of the Unit
ed States will be along such lines as will
conduce to q fair, impartial and unbias-
ed administration of justice.
1t may not be impertinent to observe
here. following somewhat the presenta-
ton made by the respondent, that the
administration of justice as exemplified
by American Courts since the inception
of our judicial history, has not required
that any man endowed with the ermine
should take it to be the necessary part
for him to play in the exercise of judi
cial functions to regulate and establish
codes Of morals, to uphold upon the one
hand and to overthrow upon the other,
political conditions deemed by him con-
trary to the institutions he desires to
preserve, nor. If IT may please you, sir,
to eXtemporaneously or in studied effort,
constitute himself as such judge the dt-
rector of public policies, or to check the
trend of public events. y mind brought
to bear judicially upon the question pre-
scented always carefully catches a clear
perception of what it Is called upon to
determine by the simplicity of the pre-
sentiment rather than by any contortions
Of rhetoric for eluCidation of peculiar
ideas which may be perfectly proper in
themselves and clearly show the mental
attachments of the party who presents
them. and yet avoid the issue that is of
interest to the people whose veal or well
fare, personal and property rights, are
to be determined before the Court. The
special pleading that made some of the
greatest counsellors in England famous.
and has ever been dear to the close stu
dent of common law, has not been neg
lected by the distinguished jurist who
has presented his own case
For the sake of simplicity, let US ask
what this trouble is all about