Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-06-15
JUSTICE FRAR AND FLAG

tFrom the Sunday Volcano.1
There seems. there is, a disposition
on the part of the public to severely
censure Chief Justice Frear for the part
he played during the now famous epoch
In Hawaii known as the transition pc
Rod. II Is unfair; It is wrong. There
IL nothing in Chief Justice Frears acts
during the transition period to wa rant
the assembling Of the Bar Association
and the expression Of inflamed speech
aud denunciatory resolutions aSaips:
Hawaii's eminent jurist. Many allege
that during the transition period Chief
Justice Frear was instrumental In
sending to the Oahu penitentiary those
! for whom he had formed a personal
dislike, denying them iair and impair
tial trial on the ground, and on no 9th
er. OF their criticism of the best gov
eminent on earth and the most emf
nent Supreme Court In all of the plan
cts comprising the solar system; a
Supreme Court of which he was the
gowned syllabus and the interpreter cf
law both human and divine. In order
to cascade these gentlemen to the pei.i-
tertiary. the eminent jurist Of the emf
nent Supreme Court Of Hawaii not only
compiled the law. but he formed the
transition period which did away with
all law. He became the legislative and
judicial branches OF the best govern.
ment on earth" in the sky above or the
waters beneath. n Is true that this
eminent jurist, impressed with thrift,
held that all dutiable goods under the
laws OF the Oligarchy were dutiable I'M
der the laws of the United States dur
Ing the transition period. In other
/ words. while the Oligarchy. with SER
pont-likc instinct. was shedding Its
skin. no part Of the tissue was removed.
II had q double hide, Notwithstanding
the high dew point IN tails tropical
land.
Now. before the people of these Isl
ands. and especially the newcomers. be-
come too critically censorious, let them
hear what the eminent turist has to say
in his own defense, for there always
are two sides to a question. at least In
America. Did we say two sides to q
question? We are in error. During the
transition period there never was but
one side Of the question. The following
Is from last Wednesdays Bulletin:
Chief Justice Frear when interviewed
by Bulletin reporter this morning or
the United States Supreme Court deci
sion regarding insular possessions
said that he had not read any more
than a short synopsis OF the decision
and therefore could not give very
mature Judgment. He said. however
that the decision sustains the Hawa.
iian Supreme Court rpon the main
proposition that the Consti tuition does
not follow the flag. The Hawaiian
courts Interpretation Of the Newlandi
resolution, however. had been reversed
he said, by the construction placed
upon 1t by the higher tribunal. Tn,
main contention OF the Hawaiian Su
preme Court, said Justice Frear, liz tina
Congress possesses the power to enac
such laws as II saw fit for the insula
possessions of the United States. Tn,
construction Of the local Suprem,
Court was to the effect that the Con
stitution did not extend to Hawaii b,
virtue of the Newlands resolution
This had been reversed. Speaking o
the decision on the CrOssman case
Justice Frear said that he believed tn
reverse OF the rule would hold good
That IL to say. II goods shipped from
Hawaii to the United States during tn
transition period should not pay duty
then goods from the United States t,
Hawaii should also 10 exempt iron
duty. He therefore is Of the opinion
that Peacock Il Co. and Lovcjoy & &C
may recover the money paid unde
protest as duty on goods imported iron
the United States.
Is II possible that the eminent juris
too is suffering from nervous prostra
ton! II he Is we will end this discus
sion right here, for let 1t never be sal
that this paper was SO ungallapt az I
argue with nervously Frustrated mar
and particularly when that man was o.
eminent jurist of the i'lustrious tran
sition period.
In the Marshall case. familiar to til
whole country, the iecfndants con
tention was that the Newlands resolu
tion, II Congressional enactment wa
necessary, legislated the constitutio
into Hawaii, for the resolution expl
city declares that all laws In Hawa
not In conflict with the Act nor Ii
Constitution of the United State
should remain In force until such tin
as Congress should make laws for II
governing OF Hawaii. The only al
thority that the great and eminel
Chief Justice Frear could find upo
which to base decision against Ma
shall was this very Crossman case.
decision rendered by Federal Judi
Townsend Of New York, and which hi
been overruled by the United Stat
Supreme Court Probably the leaIne
jurist OF the transition period migl
have found other authorities again
% the contention Of the defendant II
20 had not been more probably Occupi,
In making a sewage farm out OF an HI
, nolulu public. park, or voluntarily ar