The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-04
JUDGE EDIHGS HIS no
ROWING COMMISSION
WILL ONLY TRY CASES WHEREIN
JUDGE HUMPHREYS rs
DISQUALIFIED.
Mist vs.. Kspiolani Is Going on Fifth
Days Hesring-Oefsuit Entered
in Two cases-An Answer that
Came Too Late.

Act u Of the late Legislature amends
Section - Of Chapter 81. Laws OF 1882,
so a. 10 make L read as follows:
Section IS. Whenever on account
Of disqualification, inability 10 attend,
vacancy in Office, or any other cause
or causes. there shall be no Judge OF
the Circuit Court Of any particular
circuit who can preside at the trial
Of any case pending il such Court, or
in Chambers in such Circuit, or AZ any
terms OF such Circuit a Circuit Judge
OF some other Circuit Who shall be
thereto authorized by written request
Of the Chief Justice. may preside at
the trial OF such cause. or AZ such
term. as the case may be-"
An erroneous statement, purporting
TO be based on the foregoing enact
ment, has been published. II is that
Judge Edings Of the Third Circuit is
coming to hold court in Honolulu in
place OF Judge Gear. who left in the
Zealandia on a sudden call abroad.
and that Judge Edings upon his ex-
pected arrival next week viii at once
20 10 work on the crowded calendar
which could not be taken up by Judge
Gear.
Judge Edings cannot try any causes
here excepting such as Judge Hum
phreys may be disqualified for trying.
There are q number OF such causes
and It was TO hear them and for no
other purpose Chief Justice Frear
sent for Judge Edings The enactment
distinctly provides that an outside
judge may be brought into any Circuit
whenever there shall be no Judge
OF that Circuit who can preside at the
trial Of any cause. but has nothing
whatever to authorize the outsider q
hear any cause excepting such as
there is no Judge present in that Cir
cult who can preside at its trial
While. therefore. Judge Humphreys Is
not unable 20 attend to trials, or has
not left the Circuit or vacated his
Office. or prevented by any other cause
or causes from attending 10 his dutie:
as First Judge OF the First Circuit
the idea Of Judge Edings pitching into
the crowded calendar he may find
here and assisting in general clean
ing-up OF arrearages OF business. is
quite ridiculous.
After the publication referred tc
was noticed yesterday afternoon, a re
porter OF The Republican went to
see the Supreme Court Justices about
t. Chief Justice Frear and Justice
Perry had, however. gone home al
the time. Justice Galbraith said that
Judge Edings could only hear cases
in which Judge Humphreys was dis
qualified This was all the Act auth
prived Hitherto tho Chief Justice
could designate a Judge from the
First Circuit 20 relieve one of anoth
or Circuit. in case Of the latter's dis
qualification or disability The enact
ment OF the late Legislature enabled
the Chief Justice 20 provide for an!
similar emergency in the First Cir
cult by drafting Judge from any 9th
er Circuit
Judge Humphreys gave the fourth
day. yesterday. to the trial OF Fl NJ
Mist VS. Kapiolani Estate Ltd, and
the end is not yet
An order OF default against defend
ant was signed in the case of J. A
Magoon. guardian of Susan Brash, VS.
Elizabeth Robson. widow
Another order of default agains
defendant was signed in the case o
Paul Lempke VS. Caroline Patzig anS
c. H. Patzig Judge Humphreys noteC
on the margin OF this order that 1
had been filed at 9:45 a m, May
In the course of the day an answer
TO the complaint was filed by C
Creighton and A. G. Correa. attorney!
for defendants, which was too late e
avoid default