The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-09
Mr.. DAVIS WAS REMOVED
WAS IN CONTEMPT OF THE
SUPREME COURT.
Justice Was Mild However and He was
Only Taken Out Of Hearing-Wants
Damages Now.

Attorney George A. Davis went up
against the Supreme Court last Satur-
day morning and after a brief bout
with Justice Frear, he was escorted
from the court room by Deputy Sheriff
McGurn, at the order of the court. The
trouble was over placing the Kamalo
case on the calendar, a matter which
has been before the court Tor some
time.
One of the rules of the Supreme Court
is that cases shall not be placed on its
calendar until the records from the Cir
cult Court have been completed, and
another is that attorneys shall give
counsel who are interested notice be-
fore moving to place any case on the
calendar. Two weeks ago. the case was
stricken off the calendar because the
record was not complete, and Davis be-
gan work to get it back.
The first time he moved replacing the
case it was on the ground that counsel
had agreed, but afterwards some OF
them objected, as it is said they were
not consulted. On Saturday, after due
notice had been given, the case was re-
placed on the calendar. Davis wanted
it heard at once. 1t was decided that it
should be heard during vacation some
time, after thirty days, and the court
proposed a stipulation between the at
torneys on the matter of date.
Ballou drew up stipulation and Of
fered it, and then Davis turned loose.
He remarked that he was not going to
let anyone run his case, and he wanted
such an important matter heard at
once.
"Sit down, Mr.. Davis" said the soft
tones of Chief Justice Frear, and Davis
sat- but only to rise again.
The attorney began further objections
to the courts order in the case, and
there came another order to sit down.
This time Davis did not sit, but wanted
to know what for" He continued to
talk after several orders to sit down
hnd come from the bench
Mr.. bailiff, please remove Mr. Davis
from the courtroom" said the chief
justice, and McGurn escorted the irate
lawyer into the hallway. Davis took
walk round the building and a few
moments later re-entered the court
from another side and took a seat.
There was no further pilikia and court
soon adjourned.
The Kamalo case is on the calendar
and will be heard after thirty days, on
day to be agreed to by counsel, ana
Davis. escaped a contempt sentence of
the First Circuit brand, the Supreme
Court appearing to be of mild DISPOSE
tion in such matters.
The result of the proceeding was
suit filed in the United States district
court yesterday afternoon, charging
Chief Justice Frear with assault and
battery on Davis, alleging that Frear
had caused him to be imprisoned with
out authority, and asking for $50,OU
damages.
In describing the injuries and their
circumstances for which Davis wants
so much money he says:
For that whereas the plaintiff on
the 9th day of July, A. d. 1901, was and
! is now an attorney and counsellor-at-
law and proctor and solicitor in equity
and duly licensed to practice his pro-
fession in all the courts of this Terri
tory, and has been practitioner-at-
law for twenty-five years last past
during which time the plaintiff has oc-
cupied high and honorable positions,
judicial and other positions of trust
and responsibility and at the time of
the committing of the grievances here
matter mentioned, the said plaintiff
was a citizen of the United States Of
America, and Is entitled to the rights
and protection guaranteed to him in
and by the Constitution of the United
States of America, and particularly
Article V of the said Constitution
which provides that no person shall be
deprived of his liberty without due
process of law.
Continuing Davis in his complaint
says that the said Walter F. Frear "as-
saulted and beat the plaintiff and gave
him into the custody of the Deputy She
riff of the said Territory of Hawaii, and
falsely and without jurisdiction impri-
soned the said plaintiff and with force
and arms elected and removed him out
of the courtroom of the Supreme
Court. and caused the plaintiff
to be imprisoned for a long time with
out jurisdiction. authority or justifica-
tion of law and without due process OF
law and in violation of plaintiffs rights
under the Constitution of the United
States of America. -" and said Walter
F. Frear well knew that he had no
jurisdiction to so assault, beat, arrest
and imprison the plaintiff"