The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-11-07
BlR ASSOCIATION
IS STILL 1T II


ia concrete form before the eyes Of
the people OF this territory Is alone
worth the entire effort put forth BY
the Bar Association la the premises
We now know officially that a Judge
cannot be actively concerned IN run
ming a partisan newspaper; he can
not be concerned actively in partisan
politics: be cannot act in a harsh.
tyrannicai and vindictiye way to-
wards attorneys and others having
business with his court OF course
he cannot use the powers Of his office
10 promote his private ends: and
lastly he cannot conduct his court or
otherwise perform his duties as Judge
In such a way as deseryedly TO bring
his court under public suspicion and
into public disrepute. In other words.
a court must not only be honest and
just In fact il must also avoid even
the appearance OF anything 10 the
contrary Il Is imperative TO its use
fitness that Il should enjoy the IN
questioned confidence of the people.
In this connection and while upon the
question OF the standard that should
prevail in regard TO judicial action.
your Committee enters q protest fol
the consideration OF the Bar Asso
citation against the report Of Attorney
General Knox In one particular. to-
wit wherein be dismisses the charge
that respondent employed a dishon
est bailiff we'll knowing his character.
with the remark that this charge is
too trivial TO require any comment.
Had he found the bailiff in question
"a bright. energetic and sober man
whose honesty and fitness there was
no reason to question" as certified &c
by respondent. your Committee might
in their surprise have rubbed theiI
eyes TO see II they were open, as they
did upon learning from respondents
answer that he has not been actively
engaged in running a partisan paper
in this town and has not been engag-
ed In active politics while on the
bench. Still nothing would have
been said about it by your Commit
tee.
But TO hold that the deliberate ap
pointment OF an unfit bafliff clothed
with the powers incidental TO that
Office in this Territory is too trivia
20 be considered. calls for protest.
Under our law drawn by respondent
bailiff is given the power of personal
ly selecting every man who actually
served as juror both on grand and
petit juries There is no provision
in the law calling for the drawing or
the selection by lot OF the jury who
actually serve on the panel And in
the case in question the jurors would
be such men as a waterfront crimp
would select looking at the matter
from his point OF view and judging
OF the fitness OF his selection by his
own standards. The selection of our
Judges Is considered important
enough 10 be cast upon the head OF
the Nation. burdened with a thou
sand cares OF state. The selection
OF the twelve good and true judges
OF the facts masters as they Otter
are Of the life. liberty and property
OF the citizen. can. under the law as
drawn by respondent be consigned
10 the slums OF the city with impu-
nifty II is TO the credit OF Hawaii
that the appointment OF Lewis was
practically a matter Of universal con
demnation. even on the part of res
pondents friends (See Exhibit -.
undenied by respondent) Such sen
sitiveness as to the character of
court officials should not be discour
aged or treated lightly II Is a good |
fault. The undoubted effect of the /
Attorney Generals position in the
premises will be to discourage any /
protest from the citizens of the Ter
ritory against appointments made or
20 be made at Washington or here by /
Washington appointees. however bad |
and unjustifable they may be. The /
argument Is likely to be that II the |
deliberate appointment OF notorious
" unreliable bailiff. who can ahso-
lntely control the jury. is a trifie. |
there is not much use protesting |
further against anyone seeking OF |
fee. whatever his character may be. |
To get into such a state OF sullen in. |
action Is bad for any people. nor is |
there any Justification for t.
We have had a thousand proofs OF /
the genuine good will of the admin
istratlon toward Hawaii and of is |
desire that we should prosper. but II /
is in a difficult position in passing on /
the domestic obligation to see that /
the officials they appoint are proper
" upheld. What is needed Is intel /
tNNAhAs N0uNCtAN4 NatQ NCti cUStAa4aCt
action in the way OF seeing TO II
that the authorities are kept more
fully informed OF local conditions and
that we take more care to do our
duty when appointments are about to
be made. II Is due 10 the President
that the Bar Association should keep
him more fully informed of the prog
ress Of affairs in Hawaii touching
the Judiciary. concerning which they
are peculiarly well informed.
Recent DISPATCHES from Washington
seem 20 indicate that the admiuistrs
ton are thinking favorabiy OF having
the Affairs OF the Territory investigat
I'd hy a non-partisan commission. /
While the scope OF inquiry Of such /
Commission viii prohablv be wider
than the object for which this Bar
Association Is organized. and there-
fore not a matter for formal action
on our part. this Committee most
heartily welcomes such suggestion
and urges that the Association AMI
each member thereof do all withir
their power 20 secure the appoint
ment of such a Commission, thereby
opening & way for the legitimate re
view OF the Issues covered hv this
report. all OF which is respectfully
submitted. /,