The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-30

AT the present time Judge Humphreys
mas me on an appeal in the Supreme
Court and don't think he was right l
may state that / have been told in his
court, in what / 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
peen removed except upon The grayest of
charges. Now, l say, these charges that
Judge Humphreys controls the Repu,a-
cam do not think that charge if prov
en-. would result n his removal 1 do
think he should have no connection with
politles. 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 1T not true that if ne had not
peen set upon, and he, and he. and he,
pointing to various lawyers would
there have been any trouble here? There
mas been no trouble with reference to
the Judges decisions. No man comes
mere and charges him with the violation
OF any law. These sixteen applicants for
admission to practice were admitted
without an examination, / do not know.
Even II the statute required an examina-
uon, L do not believe it is always done.
These appointments or licenses to prac-
tee in the lower courts were not given
until after the passage of this bill, ten
days and upwards afterwards.
If | had been the Judge / would not
have made such an appointment as that
of Lewis. | 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 MIR. Hatch's 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. 1 would
say, whereas, there is serious misunder-
standing between the Bar Association
and the First Judge of the !. ,rst Cir
cult. therefore, De it resolved. that the
Judiciary Department be requested to
send an officer or an agent here to 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. It has been said and re-
iterated that We are here to act in a ju-
dicial capacity, and We will but stultify
ourselves if we PREJUDICE Judge Hum
phreys without first giving him a fair.
impartial hearing. He is entitled to a
trial. 1 submit. Mr.. Stanley has stated
that if it was only matter of profess
sional courtesy to members of the Bar
he would not vote for this resolution.
Stanley. l said / would not be here,
think.
Mr.. Magoon. Are we willing to vote
for resolutions not in trend with our con-
victions? 1 believe that If Judge Hum
phreys is guilty of the charges made
against him he should be condemned,
and driven out of the Office of Judge IL
he is correct and We can prove it-and
we have got to prove it before We can
put him out-you would not condemn a
dog before he was proven guilty-and we
are not to condemn Judge Humphreys
on mere belief? 1 submit these matters
were known long before he was promot-
ed to the position he now holds. Despite
them we had reputable members of the
Bar who came forward and advocated
him to the position he now holds, and
he got the position, and now We propose
to Gust him because of his past black
career. (Cries of mo. MOI Nov')
lished day after day in the Advertiser.
Dealing in all sorts of matters, unlawful
and improper, / believe that nothing has
come out against Judge Humphreys
character which can be considered.
AS far as the appointment by Judge
Humphreys of the sixteen members of
the Legislature to practice law in the
lower courts I don't know as any of
those charges are made in the resolution.
If not, / submit that the Judge Is not
triable on that matter today. They are
not matters upon which he is to be re-
moved He is to be removed only Tor
the purposes stated in the resolution. If
| that is not true then we are going be-
vond the record He is not receiving a
! fair trial With reference to the APP
pointment of these sixteen members OF
the Legislature to practice law, 1t may
! be he did corruptly appoint those men,
| but before he is ,ried and condemned for
| it he should have hearing. 1t has been
suggested that members of the commu
nifty have been licensed time and time
again to practice law,WEithout hrst pass
| ing an examination. Henry Smith Sc
cured a license without an examination
Mr.. Hapai of Hilo the same, and many
others have received licenses without
first passing an examination, and no at
tempt was ever made to condemn the
Il
party licensing them.
| With reference to editing newspaper
that is not a legal disability. He should
not edit it; but I submit he is entitled t.
be heard on that question. 1t may be
that Judge Humphreys has been wrong
in that proposition. He has control o.
/ the stock. but it does not necessarily
| follow that he controls the policy of th'
paper. We all know that he has beer
irving to dispose of it. l submit thes'
are matters that should go to com
mittee. 1t may be that reference o
these matters would only reinforce them
and put him in worse position than TO
iday by having the facts emphasized. L
that be so, let him take the consequences
hut first let him have fair trial. o.
not want to be on That committee, ant
III would not be, but try him on tn
charges, and if they are worthy of con
sideration he may then be removed
with reference to his judicial career.
am like every other man here l am no
in sympathy with the Judges position
If he is a corrupt Judge. and uses hi
position for political ends he is the mos
consummate fool that ever sat on tn
Bench With him it has made no diner
ence. He has criticized his friends a
IL ~tow, n - av11a 1Tsac