The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-09-28
KNOX ON HUMPHREYS
THE RECOMMENDATIONS TO THE
PRESIDENT.
Review of the Charges Against the
Judge BY the Bar Association-An
Incorporate Newspaper.

Copies of the recommendation of the
Attorney General of the United States,
in the matter of the charges of the Bar
Association of Hawaii against Judge A.
S. Humphreys were received in Homo
lulu yesterday. The decision covers -
pages of printed matter, being much
more lengthy thin the press accounts
that reached here few days ago.
Attorney General Knox goes over
each of the charges made, beginning
with the first which is as to the control
of q partisan newspaper. He reviews
the evidence and exhibits at some
length and finally concludes as follows:
"These exhibits consist of editorials,
paragraphs and articles of news having
reference to the political conditions in
Hawaii Many of them are Incorporate
in language and violent in spirit. They
attack with great vehemence the pres
ent political government of Hawaii, but
Judge Humphreys expressly disavows
any responsibility for them, and there
is no evidence to the contrary.
1.-THE first charge has not been salts
factorily established"
The second charge, that Humphreys
took leading part in bitter political con-
troversies is also dismissed, after a re
view of the evidence. As to the bailiff
law and the execution exemption law,
the Attorney General said: Neither
of them were political measures, and !
know of no reason why judge, as any
other citizen, should not take an active
interest in the discussion of legislation
which is non-political in character.
The attorney general characterizes
Humphreys charge to the Grand Jury
alleged to be political, as vigorous and
learned" in it's exposition of the rights
and duties of a Grand Jury, and adds
that he will not express any opinion as
to the justice or propriety of references
therein contained to political conditions
prevailing in Hawaii before annexation
The decision as to the third charge
that Judge Humphreys used his posi-
ton improperly to promote his personal
and political ends. is declared to be
utterly without any justification In
fact and reckless and Incorporate in
spirit" The appointment of Hawaiian
members of the legislature to the bar OF
the district courts is declared to be a
matter entirely within the discretion OF
the Judge, and as to the charge that
there was anything wrong with the
courts action in the Gill case, Knox re-
viewed the evidence and says 1T is eX-
traordinary that members of the Bar
could prefer so grave a charge upon SO
insufficient grounds"
In the contempt matters. cited in sup
port on a charge that Humphreys was
ndISn, aTDllTdTys lyIdIlnlCdl anu VIII
dictive toward members of the bar,
the attorney general generally takes the
ground that he is not the judge of such
matters. He says that not having been
present he cannot judge of the con-
tempts, that judges cannot be removed
merely for improper expressions and
that there is nothing to show improper
or corrupt motives. The cases of Hart
well, Kinney and Ballou are referred TO-
and the Attorney General says they
Submitted an affidavit which contained
insulting language which was wholly
unnecessary and plainly in contempt of
court"
The charge of appointing as bailiff a
person unfit for the position is declared
to be too trivial to require any com
ment." The charge that a political
Grand Jury was called is dismissed as
unsupported by evidence. 1t is held
that there is no proof that the jury was
drawn by Humphreys, and that the
charge is so based on vague suspicion
and unfair inuendo as to merit rebuke.
Knox concludes with a recommended
ton that the petition for the removal
of Humphreys be denied. The report is
addressed to the President and signed
by Knox.