The Hawaiian gazette., 1901-07-30

the Interests ~ public morality Nc well
ta the gnIFc ~ my client iu this case.
Tho Court The court cannot further
consider the matter az the present
time % the marshal allowed them to
come tupyth,r go that time be WIS
very dgrtNct iu duty-vcry And DO
such a thing occurs again, the court
VIII take stronger measures Co protect
the laws.
Mr.. Fltch In the event or proceed
ings Tor aU appeal Z nsk that an oN
ceptiou be taken
The court Certainty take the cx-
ccptiuu
Mir Tltch-we will move pro rorma
for r,houriuE OF the case ON the
ground that the decision is contrary
TO the law,
Mr. punue-The United states oh
iccts Co that upon the ground that "a,
court rs without jurisdiction 60 enter
tain motion OF that character, aud
upon the further ground that the cvi-
donCe amply sustulns the courts opiu-
ion.
The Court You can tax. the general
exception, Mr. Fitch That will give
you am the rights that anybody viii
have.
Mr.. Fitch would suppose would
rest II upon this general proposition
have looked for an authority would
rest 1t on this proposition, cNcep,
where the statute prohibits the admit
ting to bail, the court would have it in
its power disCretiou-to admit the de b
PENDANT to bail.
The Court might have the power
to stay the Judgment. l do not think
| have power to admit the party to
bail If that discretion is left in the
court-but | do not apprehend that
there is any discreton; | have nos
looked into the matter
1t has been decided ny the western
courts that to allow in one of these
cases the defendant to go on bail for
the time, between the time of the trial
and the time of the determination of
the apneaL you could no more find the
Chinaman six months after the appeal
was taken than you could find a needle
in a haystack. That is just an illus
ton made by a western judge as I
understand.
Mr.. Fitch-1 have another suggestion
to make. This is the first time l ha e
ever received a Censure from a court,
and the further fact that / have lust
stated this morning, as the reason why
that portion of your honor's opinion
that crtticizes me should be modified
The Court-The court was very
lenient in the matter because there are
quite number of decisions TO the eff
Ildl where counSel pending the
trial, does anything that will improp-
arly affect the result of the trial. out-
side of the knowledge of the court, he
is subject to the strongest possible
punishment for contempt. Now this
court does not believe in that. In fact,
the court has not, except in one in
stance, punished any one who has been
convicted in this court except by the
least penalty known to the law. | do
be punished to the extent of the law to
give dignity and honor to the law. II
is not exactly criticism of the coun-
sci eNcept that it is a criticism of his
procedure. | do not see how I can mod
ify it.
Mr. Fitch would rather if I had
had the choice would rather nav \
fine of $500 than to have that con-
ment, and have the censure of the
court, the censure that the court has
passed upon me in this opinion remain
ing of record. And in explanation |
would suggest to your honor
The Court--You had better bring that
up some later hour. or later date, and
not bring 1t up this morning. | will
state to counsel that I am not well
TINS morning, and do not think l shall
take up the hearing of these other
cases that are on the calendar. You
can bring it up at any time.
The court does not want to do an
injustice to counsel, and because he is
eminent, makes his action very effect
i've and 1t was a very unfortunate ex-
ample for young lawyers. 1t is tho very
distinguished men of the profession:
men of great ability, like the learned
counsel, as everybody knows. whose
actions are followed by young men
and it Is for that reason that we who
have grown up in the law should pro-
tect the citadel of justice with more
than ordinary care