The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-22
JUDICIAL
CRITICISM
Atty. Long Tells
Why He W as
Censured.
LEGAL ETIQUETTE
NOT VIOLATED
Long Says His Conduct at All
Times Was Above Suspicion
and Exemplary

In the suit of ]. Nj. Vivas L. B.
Kerr, which was heard before, and sub
mitted to Judge Gear on Saturday after
Attorney L NJ. Long for certain actions
which it considered unprofessional in his
| conduct, and which were more or less
| connected with the case under hearing.
upon the actions of Long it seems that
he had been secured to act as collec-
tor, presenting an unpaid G4h to Kerr.
on behalf of ]. NJ Vivas, and later, act
| ing as the attorney for the man from
whom he was trying to secure the coin,
and against the attorney who had orig
inally employed him. In concluding his
remarks, Judge Gear said that Attorney
Longs conduct called for speedy action
on the part of the Bar Association.
When the court had concluded Vivas
! stated that Long had assumed the posi-
ton of attorney for the defendant,
with his full consent, and he was, in no
way, so far as he could see, violating
any professional ethics. Mr.. Long
made the following statement yesterday
| in his own defense:
Some six or seven months ago, Mr..
]. NJ. Vivas called upon me, and asked
me to collect an unpaid bill against Mr..
L. B. Kerr, for the sale of some sugar
stock. l took the bill, presented it, and
Mr. Kerr refused to liquidate it. Vivas
| then advised me to bring suit in as
sumpsit l said l would do this, pro-
vided he would give me the details OF
the case Vivas said he did not feel like
doing this, for his head was troubling
! him, and any concentration of his mind,
or protracted thought upon the matter,
simple as it was, would cause a relapse.
We thereupon agreed that 1 should not
take charge of the case, and l let the
matter drop
Il had been acting for Kerr in certain
| legal matters for some time previous to
| this, and when he was presented with
| a complaint in the matter of the unpaid
bill for sugar stock. he asked me to act
as his attorney. Before consenting to
do so. / went to Vivas, and had a talk
with him, saying that 1 would not con-
sent to act as counsel in the case, unless
he gave his consent. When the case
came to trial in the Justices court, Kerr
appeared without legal representative
and won the suit against Mr.. Chilling
worth, who represented the other side
When the matter was appealed. new
trial was granted, and / was retained
to represent Kerr. Mr.. Vivas having eX
pressed perfect willingness to my ap
pearing as the opposing counsel. Gu
conversation in this respect was Ions
prior to my agreeing to act as attorne.
for Mr.. Kerr. In addition to my con
versation with Mr.. Vivas, l had tall
with Mr.. Chillingworth, in which 1 ex
planned my position, and told him wha
I had done In. the matter. He said tina
he saw nothing in my conduct that woul
be a violation of professional etiquette.
when the case came up for hearin;
yesterday, Judge Gear took occasion t
censure me most severely. Mr.. Viva
came to my defense. however, and afte
: the court had finished, boldly explains
my position in the litigation before hi
honor"