The Hawaiian gazette., 1901-05-31
JUDGE HUMPHREYS
C0NDE MINED.

want 10 saS that. 90 fhr hH ! am con.
vrfntd am absolutely opposed 90 q
Judge b,inr In politics 90 10 tte state
az Sow York, ana you viii ana that
stpty single Judge ON the Bench is "a
member Of THmmHny Hon or r"ruhpr
Of tho Republican Organization. The
Chief Justice of the Appellate Division
o. tho court secured his position rs rva-
SON OF the fact that he was supported
By Thomas Plat ana the Republican or
rauiHation I never have been ln sym-
pnthy with the disposition Co condemn
every hing In the past You cannot con.
denim everything In connection with the
administration Of Justice under Judge
Humphreys. Up until the meeting pf the
recent Legislature. Mr.. Brown said that
the Judge had his respect and because
senator Brown has seen the hand OF
Judge Humphreys I'm some political mat
ter. the Judge has forfeited Mr.. Browns
respect Now, don't let us condemn ev-
erything, gentlemen. Judge Humphreys
Is an able man, and lawyer, brilliant
lawyer, and | don't know as We have ia
ken exception to any special act In the
course of his judicial life which has been
in violation Of law. Which has been in
violation of law, / say? If l had exer-
cised the judicial discretion that the
Judge did, l never would have appointed
a man like Lewis. That is an exercise
of discretion under the law. You cannot
show he has violated any law in doing
It, Had l been the Judge or If / were
Judge I would not have my baliff draw
the Grand Jury or the Petit Jury, but,
in doing II is there any law violatedi
As a member of the Bar Association, |
would seek to stop such pracuces, but,
when we go to the judicial source, the
Pres.uent Will ask, Has there been any
violation OF law" This BailIIl Act was
a law passed by Senator Brown and Rep
resentative Robertson and 1t was signed
by the Governor. Unless We can base
our action upon some act of the Judge
in violation of law some crime or mis-
demeanor, we are starting on "A very un-
wise course, gentlemen; a course that
will stir tbs town and the Territory
from one end to the other, and accom-
plish no,nng. Surprising you go to the
appointing power. and say that Judge
Humphreys gave -.censeS to these six
teen members of the Legislature. There
are great many things to be said with
reference to these men. In my practice
in the country l have met attorneys of
the Bar at the lower courts, and, as far
as Representative Beckley Is concerned,
and so far as Mr.. Kanuha is concerned,
l may say they both represent as high
an order of intelligence as some of the
attorneys, at least, that / have seen
practicing at ..4e Bar of country places
in which l have been. II the Judge has
violated any law, well and good; but you
cannot have him removed for ndis
creton in faIAng to exercise good judg-
ment.
Every one who votes for this resolu
ton votes to pursue a line of policy that
will stir up strife from one end of this
Territory to the other. We have no
charge that looks like a crime or INSIDE
meanor or like violation of law. Your
only complaint here is one that arises
out of Judge Humphreys temperament.
At the present time Judge Humphreys
has me on an appeal in the Supreme
Court and 1 don't think he was right. I
may state that l have been told in his
court, in what 1 considered an ungentle-
manly style, to sit down, or to go on
with the examination.
Let me say that judicial officers are
not removed lightly. You cannot find
one case of where a judicial officer has
been removed except upon the gravest OF
charges. Now, l say, these charges that
Judge Humphreys controls the Repuvn-
can-I do not think that charge. If prov
en-, would result n his removal. 1 do
think he should have no connection with
politics. The sentiment that he himself
expressed on the floor of the Territorial
convention. Wien Judge Smith spoke.
should be the guiding principle of his
life. Is II not true that II he had not
been set upon, and he, and he, and he,
{pointing to various lawyers) would
there have been any trouble here? There
has been no trouble with reference to
the Judges decisions. No man comes
here and charges him with the violation
of any law. These sixteen applicants for
admission to practice were admitted
without an examination, l do not know.
Even II the statute required an examina-
ton, l do not believe it Is always done.
These appointments or licenses to prac-
tice in the lower courts were not given
until after the passage of this bill, ten
days and upwards afterwards
II had been the Judge l would not
have made such an appointment as that
of Lewis I would not, If Judge, use my
bailiffs to draw Grand or Petit Jurors.
1 do not believe the licensing OF these
attorneys, made after the passage of the
bill. had a single thing to do with it.
l would pass Mr. Hatchs resolution
with this amendment. that committee
OF five be appointed to represent to the
Judge OF the First Circuit Court the feel
ings of the Bar Association, or in the
second place l would follow the sugges-
ton made by Judge Silliman. l would
say, whereas there is serious misunder-
standing between the Bar Association
and the First Judge of the lrst Cir
cult, therefore. be it resolved that the
Judiciary Department be requested to
send an officer or an agent here 10 in
vestigate the troubles. My idea would
be, with a view to establishing peace, and
compromising these differences, and see
whether or not they could be brought to
an end. rather than to start on a career
that Will bring forth more trouble.
MACON HEARD FROM.
Mr. Magoon, 1t has been said and re-
iterated that We are here to act in Il ju-
dcial capacity, and We will but stultify
ourselves IL we PREJUDICE Judge Hum
phreys without first giving him fair,
impartial hearing. He is entitled to a
trial. l submit. Mr., Stanley has stated
that If IL was only matter of profess
sional courtesy to members OF the Bar
he would not vote for this resolution