The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-29

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Tie Exs1 resatess u The action q Judge
HnmpareFs il senteReins ar Bittfuk.
UeulteF 81 The har e imprisonment for
ren tiass Tor e0nEenrt q eoszrt- Il APP
pears from the recar1 ehak Mr. Bik1inx
n crificiszz< the aczio1 Of I1Sf<e
Hnnpkreys Eifh referenee 10 q peedIBx
nsaFze< stafe3 skas 1t was peculiar and
unusual Judge Humphreys regarded il
as ~ Intentiouai tnssls % rhe court And
imposed the Seafezee IN question X :
Impraetieshie for ne % review his d.
eision IN this respect for an insult can
Be e0urere5 IN manner and demeaner
quite ~ much as in wozsS- Ii i 0bTious
fhaf the expression PECULIAR sui Bn-
usual could BE- used with an infecsisn
and Ia & manner rs 10 suggest inj1dieial
conduct On the part Of the presiding
Judge Ii does not appear that Mr. Bit
sing sought in any way to review the I'M
position OF the sentence as an abuse OF
judicial discretion. and this specification
1ar he regarded rs 1nsustained by adR-
quate tesSimcny.
The set1ond instance * the fining Of 3
Juror for lack OF Dunetuality. and IL
seems to have been plainly justified under
the circumstances
The third instance relates 70 : criti-
cisEn which Judge Humphreys made upon
the maner in which his hailiT performed
his duties and the imposition Of hne
for CONTEMPT. 1t IS anparent that fhe
Judge acted within his discretion.
The fourth and fifth instances are
those Of jurors who refused to concur in
a verdict Judge Humphreys was Of
opinion that there was no excuse for their
failure to agree and after discharging the
jury. he relieved the two dissenting IN
rors from further service. and denied
them their fees as Jurors. Whether the
testimony in the case in which the sat
reys that the two jurors were not dis
senting in good faith is matter which
it is impossible for me to determine. as
the testimony in the case has not been
submitted to me- 1t IS fair to assume
that the Judge acted in good faith in the
matter. Subsequently he reached the
conclusion that he was without power TO
deny them the payment OF their fees as
Jurors. and he entertained and sus-
tanned motion vacating the forfeiture
of their fees
The sixth instance refers to criticism
uttered BY Judge Humphreys from the
bench of the Attorney General OF Ha-
waii, who was then arguing 8 case before
him. In the course of an elaborate and
important argument. the Attorney Gen
eral made reference to the respective pow
ers of the Executive and judicial De
nartments of the Government. which
Judge Humphreys regarded as an effort
to eoerce him in the decision of the pend-
termine whether either the suggestions
of the Attorney General in his argument
On the one hand or the comments of the
Circuit Judge on the other were justified.
An examination OF the printed record
would suggest that both betrayed I'M
necessary feeling in the discussion of
purely legal question. | can find how
ever. no just grounds for the removal OF
4 faithful Judge in the comments of the
curt. He sought to defend the rights
of the judiciary from what he regarded
fprobahly mistakenly as an attempt to
eOerce it. and having this feeling it is
not unnatural that he expressed himself
with some warmth. 1t is obvious, how
aver. that Judges cannot be removed sim
ply because they are sometimes betrayed
into unnecessary expressions. There is
nothing to show any corrupt or improper
motive in the matter.
The seventh Instance refers to the inn
nostiOn of fine of 500 hy Judge
Humphreys upon a member of the bar
Who declined to divulge TO the grand jury
the name of client Whether the at
torney was justified in refusing to dis
close the name of a client after having
testified TO what the client had said. may
le a debatable question. The Executive
Department is under no obligations to
review the judicial decisions of judges.
and it IS quite clear that judges cannot
ne removed because of mistakes of law.
Judge Humnhreys having concluded that
the attorney WAS compelled. under his
oath to divulge the name of his client.
md the witness having. notwithstanding
such opinion of the court. declined to do
50. Judge Humphreys could only impose
some punishment upon the recalcitrant
witness. and the amount of such punish
nent was in his discretion.
The eighth instance of arbitrary and
-grannical conduct is the one uron
which the complainants Law the most
stress 1t refers to the imuosition BY
Judge Humphreys of a punishment of
thirty DAYS in jail upon three members
It his court. 1t appears that the three
| members in question were attorneys in a
rase nending in the Circuit Court and
we're of opinion that nv reason of per
sonal animus Judge Humphreys was dis
qualified from sitting as the trial judge
/ In support of a motion to transfer tht
ease to another judge. fheg ssbmiffed az
9fidarif trhich contained insulting Ian
1aa1e irhich iras schoTg unnecessary ans
DlaiHiH in confemDt of court. The couri
| felt obliged to vindieate its dignity by tn.
| imposition of the sentences in question
hut the sentence was never carried int
! effect. as the Governor Of the Hawai-
Dardoned the three members of the bal
IN the same day. The proofs do NOT shou
/ fhaf the Judge teas animated By iRl prope
/ motires. or that tie Imposition Of fhi
/ sentence ieas an intentional abuse of tn
fisefefiaa imposed in AiB.
v.
The fifth charge il that Judge Humph
reys has 50 performed 'the duties Of hi
| office as TO bring the same deseryedIy int,
Il public disrepufe and under public sus
picion.
4 This charge IS sought to be established
by proofs that Judge Humphreys, in tn
1 first place appointed an unfit person a
sailM in his court. This charge is to.
trivial 10 require any comment 1t i
also suggested IN proof Of charge tha
4 Judge Humphreys was instrumental ii
drawing and allowed q partisan gran
FHry to Be drawn. This Is sought &