The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-21

of the Territory Of Hawaii, printed In
their own language.
It was probably in recognition of this
fact that Governor Dole appointed dis
trict Judges without subjecting them to
any severe test as to their knowledge Of
the law, or as to academic attainments
and 1t was for this reason that limited
my inquiry as to the qualifications of the
licensees to their knowledge Of Hawaii
an statute law. I had right to pre-
sumo that these gentlemen, from the
mree fact that they represented the SUI
fragans of the Territory In its law-mak-
ing body, Were persons of good moral
character and at least of average intel
iligence.
WITH possibly three exceptions, the
persons licensed live In country districts
sparsely settled, remote from cities,
| towns or villages. The class of cases
| which they will in any event be called
upon to prosecute or defend are petty
assumpsit suits and trivial nisdemean-
| ors, tr.able before such court as 1 have
described No white person, or native
even, who could qualify for the test of a
rigid examination as to his legal knowl-
edge or polite attainments would be will
ing to locate in these isolated and purely
pastoral districts. Consequently 1t is
necessary to be extremely liberal in the
granting of licenses to practice under the
conditions described or else leave the peo-
pie of the country without any legal
representation whatever in the inferior
courts.
The deputy sheriffs in the country dis
trictS not only perform police duty but
appear as prosecuting officers In the dis
trict courts as well. Few of these deputy
sheriffs speak the English language and
only one or two of them are licensed to
practice law. The district Judges, as
general rule, are thoroughly under the
domination and control of these officers
SO that Hawaiian who Is arrested and
taken before one of these district Judges
in the country districts is at the mercy
of the prosecutor and the Judge under
his control, neither being restrained by
public sentiment. The average Hawaiian.
in utter Ignorance of his right to appeal
to a higher court where he may secure
a trial by jury, is submissive to the
| judgment ofttimes unjust, harsh, cruel
and oppressive, of these unlettered and
biased Judges.
| 1t was to enable some Of the more in
| telligent members of the Hawaiian race
| to appear in these country courts and
redress the wrongs and yindicate the
rights of their fellow-citizens that the H.
censes referred to were issued.
| The conditions surrounding the prose-
cution of Hawaiians in these inferior
courts were recently commented upon
and severely criticised by grand jury
| of the Second Circuit.
! In granting licenses to persons who did
not reside "a the circuit in which I pre-
| sided I was not aware that / was violat-
Ing "the established comfy and practice
existing between the Judges of the sew
eral Circuits" nor was 1 in fact doing
| so, as no such comfy or practice has
ever been established.
| It would seem idle to consider the Ques-
J ton of comfy in such matter when
| the law of Hawaii declares that the IL
censees shall have the right Ito prac-
tice in the district courts of all the ju-
dicial circuits.
| Section 1907, Civil Laws of Hawaii.
| It is charged that these licenses were
issued by me to promote my personal in
1uence among the members of the Legis-
lature and my personal and political
ends. If what Is charged be true, 1t
would seem to have been a mere act of
supererogation, on my part to issue the
licenses in question, as I then, accord
ling to the charges, completely dominated
and controlled the legislation Of the ISL
lands and their politics.
| It is not shown that had any personal
or political ambition or interest to pro-
mote. except the passage Of q bill au-
lthorizing the Judges Of the Supreme and
Circuit Courts to appoint bailiffs for their
Irrespective Courts, which bill was approx
ed by the Chief Justice while In manu-
script form. was changed to conform to
lh:s suggestions, and which, when passed
lby the Legislature, received the approval
of Governor Dole Furthermore, the rec
ord distinctly shows that nearly all Of
those persons were licensed after the
passage of the bill referred to, and that
several persons who voted against the
lbill We're licensed by me.
Specification 2. THAT the said Abram