The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-30

in such q frame of mind that shall ev-
er be grateful to General HartweH lot
having started my feet in professional
lines here, and therefore l regretted II
very much when / saw the conditions
that surrounded us all, that surrounded
him. and. surrounded US all who have
reverence for his years, achievements and
standing and I must confess that 1 Ieei
a great deal of sympathy for General
Hartwell on account of the severity OF
the action There are great many
things, so far as l am concerned, that
connect themselves with recent affairs,
that, If l had my Judgment to exercise.
of course 1 do not think 1 would have
exercised my judgment in that direction.
There is this feeling, however, IN ref
erence to the last occurrence, out OIL
which much of the present excitement
has grown, and l have in mind the
names which / should under no circum-
stances state-I have in mind several
very conservative attorneys who, al
though they regret the present situation.
feel that the attorneys-and we hold one
of the attorneys primarily responsible
that the attorneys for the defendant in
this case of the People VS.. Smith went a
little too far in the chara cter1Zations IN
that affidavit which they were stopped
from reading and that there was some
ground for any court. even II feerhg
were absent, to reach the conclusion that
there was a contempt committed When
taken in the light of all the rancorous
and bitter attacks in the newspapers, /,
myself, feel that what was undertaken
at that time was not the conservative
Judgment of the attorneys, but rather
was the aggressive fighting capacity OF
perhaps the leading attorney in that case
Now / say we ought not to express our
regret-some action could be taken to ex-
press our disapproval 1t may come out
of this transaction that some action
could be taken to express disapproyal,
yet we must be very careful as to going
to the extent to which that resolution
suggests that We CO. for these things
will occur:
WHAT M'KINLEY WILL DO.
In the first place you will bear in
mind that when the matter is presented
to President Mckinley he will not only
take into consideration the dignity and
the weight and the views of the Bar As
ISOLATION but he will also take into con-
sideration the effect upon the Judge if he
remove him from office, what will be
the effect upon his future. President
Mckinley will not only consider our
views and feelings and the conditions,
but he will also consider the effect. He
will not remove Judge unless you can
present against him charges of either
malfeasance. or some charge that
amounts to a crime or misdemeanor
1 say that if the Bar Association adopts
that resolution, then we make bad mat
ter worse by throwing an intense amount
of turmoil and excitement into this whole
community. The Legislature will take
1t up and the citizens viii take 1t up.
This community is very much divided
upon the present condition of things, and
while, so far as I know. the conserva-
tive element regrets the situation, the
conservative element will not stand for
wiping out the Bar Association or Judge
Humphreys. Inere will not only be this
commotion in the Bar Association but
it will go into the Legislature and
among the people, and petitions and
counter-petitions will be circulated: it
will go into the parties, and from my
knowledge of affairs the Republican or
ganization will not stand for a resolution
asking President Mckinney to remove
Humphreys under ..Ae circumstances
Mar. Cecil Brown. 1hey ought to.
Mr.. Stewart (resuming) ] do not care
whether they ought to or not. I do not
pretend to speaA for the Republican or
ganization. but if 1 understand it's sem
timent, 1t is not what is developed here.
PEACEMAKER WANTED
What We need is some master spirit
to come and lead us into the paths of
peace, and seek to secure an adjudica-
ton between the Bar Association and
the Judiciary, and by senu.ng a commit
tee and having face-to-face talk.
Mr.. w. A. Kinney. And going to jail
for it.
Mr.. Stewart (resuming). We are GER
tainly In meeting Of the Bar Associa-
nd ~,
need a man now to lead US into con-
sentative paths and not to lead us into
what will be war here, and with the
chances that no removal will be made
unless we can present some charge.
MR.. HATCHS SUBSTITUTE.
Mr.. Hatch. These resolutions present
to the meeting three distinct charges.
One charge affects the Integrity of the
Judge in question; another is made in the
nature of political question, that is,
his conduct of partisan newspaper and
the third is the question of his relations
to the Bar practicing before him.
l think these resolutions go too far:
90 not think the association, non
political body, should be called upon Off
hand to adopt resolutions as sweeping as
these resolutions are. l appeal to your
sense of fair play before you vote upon
mans integrity, whether he be an in
dividual or Judge Is 1t common fair
ness that a mans character should be
voted away by any association without
a reference to at least a committee for
investigation and fullest Opportunity to
be heard, and time to formulate charges
deliberately, and time to take conserya-
tive and deliberate action? This Judge
mas made great many mistakes, and
DO not stand to support him in any,
thing that he has done, but ask for fair
play before condemning nim. / am not
ready to admit that Judge Humphreys
mas been crooked in anything that he
mas done as far as the evidence has
come to me, and 1 do not think I ought
to be asked to vote upon any such
proposition.
/ think the more appropriate way
would be If this Bar Association feels
that 1t has come to the point of investi-
eating charges of that nature. that there
should be committee of investigation
appointed. and not Inat condemnatory
resolutions should be passed in advance:
1t sayors too much of the newspaper
method of condemning first ana giving a
man chance of being heard afterwards.