The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-07
THE BAR ASSOCIATION AFFIRMS SERIOUS
CHARGES AGAINST JUDGE A. S, HUMPHREYS

I Of anything that might be considered
political. No petitions OF citizens at
large were therefore sought or prepar-
ed; nor has your committee sought in
this matter to present matters of po-
litical expediency to the consideration
Of the Attorney General. On the other
hand, the answer Of respondent has
gone quite fully into these issues, and
his answer constitutes a charge that
the protest OF the Bar Association
against respondent was based quite
largely upon political considerations,
and not upon the ostensible reasons
given, and in this connection charges.
In effect, that respondents attacks on
the "Iwllei stockade,' so called and
| Political support OF Governor Dole, ("
were among the moving causes.
The fact that among the members of
the Bar Association who have sought
respondents removal from office are
to be found both those who oppose and
favor the Dole administration and
both those who have opposed the "Iwi-
lei stockade" and those who have not.
ought to be a complete answer to this
charge.
A POLITICAL JUDGE.
The fact is, the overwhelming vote
against respondent in the Bar Asso-
citation meeting was due largely to the
fact that every one recognized the
numberless mischiefs that are sure to
arise from the presence on the bench
Of political judge; and the vote
against respondent was a vote OF self
protection and self-interest for the at
torneys and their clients, even on the
part of attorneys of the same political
utilization with respondent; for those
same attorneys had, and in the nature
of things, would have, from time to
time clients in active politics on the
other side, thus involving themselves
in the same mire and the same dis
trust and want of confidence in the
court.
LOYALTY TO THE COURT
1t is true. however, that there are
reasons for the personal dislike Of re-
spondent by a large section Of the bar
outside of those presented against re-
spondent by your committee, and at
one time 1t was under advisement
whether or not TO present these mat
tiers in a specific charge for considera-
ton at Washington along with those
finally selected. I refer TO the frequent
remarks from the bench of respondent
rejecting upon the conduct of the
courts Of Hawaii in the past.
Attorney General Knox in his report
to the President makes the following
statement in criticism of the Bar AS
ISOLATION and certain members there
Of:
Members of the bar, as officers of
-
Where there is every reason for believ-
ing the judge Is acting arbitrarily, II
Is the duty of the bar to declare ii
openly, but a member of the court is
faithless to his high calling when he
assails a judge and impeaches his in
tegrity upon no facts even remotely
justifying the attack, and upon vague
suspicion and unfair innuendo.
1t is obvious that many members of
his (respondent's) court have not OBJ
served that loyalty to the bench which
should be both the duty and pleasure
of a lawyer to observe. and the heavy
responsibility of administering justice
with dignity under such conditions at
once becomes apparent"
ATTACKS ON COURTS.
The Bar Association Of Hawaii well
recognizes the necessity and propriety
OF loyalty on the part of the bar to
the bench, and in support of such rec
years of cordial relations between
bench and bar in this Territory I'M
married by any such offenses as have
occurred in the past eighteen months,
but also the unanimity Of dissent and
dissatisfaction os the Territorial bar
tacks made by respondent upon the
judges Of Hawaii, both living and dead,
in service and retired.
The following summarized statements
are taken verbatim from respondents
paper, and are set forth at large
the exhibits:
August 10. 1900. says that in the
courts OF Honolulu 'favoritism has
been open and notorious"
August IL, 1900, referring to the local
courts: The days of favoritism ara
past. and it makes those who are the
beneflciaries Of favoritism very indig-
nant."
August IL. 1900: THE people. the
backbone Of the community. indorse
fully the actions OF the judge of the
first circuit. and thank God that at
last there Is one public official who
does not take orders from the members
Of the old oligarchy."
September IL, 1900: "If there ever
was an outrageous charge delivered
to a jury it was the charge delivered
by First Circuit Judge Perry. now JUS
tice of the Supreme Court of the Re
public of Hawaii IN the case of the
Republic of Hawaii VS.. 10 KAN"
October IA. 1901, speaking of Chief
Justice Frear, says: But the chief
Justice is a resourceful man and ap- I
parently none too scrupulous in his |
method when he finds himself in pill !
kia"
October IS. 1900: What did George
Gear mean when he said The Supreme
Court of Hawaii IS often composed of
)ne judge and two iawyers?'
November 4, 1900, under headlines.
Disgraces the Bench" says: I'm that
case Mt Perry showed himself to be
utterly devoid Of all sense of judicial
propriety. Not only that, but he
showed himself to be devoid Of all
sense of professional ethics. This is
United States territory now. and Mr..
Perry as a judge will have to comport
himself as a Judge. The days when
Eases involved property were only TAX
m up on the direct personal appeal of
/ friend of the judge have, thank God,
passed away from Hawaii, even II
Perry is still on the bench" 5
November IL 1900 says: 1.-The result
If this state Of affairs Is to place nom
'esidents entirely at the mercy of our
Supreme Court, even where million
dollars is at stake, the mercy OF local
prejudice. local influence, local impro-
,riety and local incompetency.
Tes, the Organic Act must be amend
ID. so that not only citizens OF the