The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-30

1 8 frrf
or has read the public papers. can saw
| that he has not already made I'm bis
mind as to whether or not the facts
lstated are true. The question is whether
We are to have Judge whom we feel
| viii deal out justice. If we believe from,
the facts that Judge Humphreys is not
a man in whom we have confidence and
who will not give us justice if he is
such man and we believe It, we snouid
take the stand that he be removed From
what 1 know and have heard. and from
my observation in court. | believe ,bot
Judge Humphreys is not man who can
ideal out justice impartially I believe
as mas already been said, that his tenn
permanent is not of that kind that goes
to make proper Judge. de is an able
man; he is a scholarly man, and one
much better able to fill the position of
an attorney and advocate, and is not
one able to fill the position of Judge.
| believe this resolution as presented bv
MIR Robertson should pass 1 believe
the facts stated in it, and 1 shall vote
for it. l do not believe the other meth
Cd proposed will be of any benefit to US.
1t says in substance We dfsapprove of
what he has zone but let him remain
where he is. That course would be child
ish If We believe he is impartial. we
| should say so. If We believe he is mar
tai, we should likewise say So and take
steps TO have Judge placed on the
| Bench who is impartial
| SENATOR BROWNS REMARKS
l Mr.. Cecil Brown. | believe il was Sir
Robert Peel who, in the House of Com
mons, once said that every man has his
price / believe, from the circumstances
| that have happened that the Circuit
Judge of the First Circuit Court knew
that, and had that in mind when he made
appointments to practice law. without an
examination of one, of sixteen members
| of the Legislature of the Territory of
Hawaii 1 believe that, from his actions
in this case, his giving away licenses to
| members of the Legislature, was in a
roundabout way-and he well knew what
/ 1t would do-a purchasing of their votes
for the Bailiff bill, which he himself had
idrawn, and had given to one of the Sen
ators TO introduce in the Senate, and 1
was told by the Senator himself who in
| troduced it.
1 1. say, Mr. President, that when a
Judge on the Bench uses his power for
his own personal ends. and his political
preference, he is no longer fit to hold the
position he occupies.
| Mr. President, 1 will tell you here that
| l supported Mr.. Humphreys, and | be-
llieve / was the first one to submit his
name to the President of the United
States for the position that he now
holds. and, until the present session of
! the Legislature. 1 had every confidence
and respect for Judge Humphreys; but
since then it has gone. and from his ac-
tions within the past four or five months
| he has convinced me that he is unfit to
hold the position he now occupies 1
submit that the resolution as introduced
by Mr.. Robertson should Ue supported.
Mr.. McCants Stewart: Before voting.
Mr.. President, 1 wish to make one re-
mark. We have this substitute before
us. / still say that, as members of the
Bar in our action today. we should De
Judicial. We should not be carried away
by passion or prejudice, but should be
/ judicial, and should know just what we
Iare doing.
We are inaugurating a movement for
the removal of a Judge. Upon what
ground or grounds now do We expect to
Iplace an application for his removal. We
thave been told that it is upon the paain
ground that he owns and operates a
newspaper Let me say mat in many
parts of the States of the American
Union you will find Judges owning and
publishing papers, and being in politics.
| / want to say that, so far as l am con-
tccrned, l am absolutely opposed to a
Judge being in politics. Go to the State
of New York, and you viii find that
every single Judge on the Bench is :.
lmember of Tammany Hall or member
Iof the Republican organization. The
Chief Justice of the Appellate Division
of the court secured his position by rea-
son of the fact that he was supported
by Thomas Platt and the Republican or
lganization. L never have been In sym
lpathy with the disposition TO condemn
Everything in the past. You cannot con-
denim everything in connection with the
administration of justice under Judge
Humphreys. Up until the meeting OF the
recent Legislature, Mr.. Brown said that
the Judge had his respect, and because
Senator Brown has seen the hand or
Judge Humphreys in some political mat
ter the Judge has forfeited Mr.. Browns
Prospect. Now. don't let US condemn eV-
erything gentlemen. Judge Humphreys
lis an able man, and a lawyer, briiIiant
lawyer and don't know as We nave Ia
. ken exception to any special act IN the
. course of his judicial life which has been
in violation of law. Which has been IN
! violation of law. l say? If l had exer-
Icfsed the judicial discretion that the
iJudge did I never would have appointed
, | a man like Lewis. That is an exercise
: of discretion under the law. You cahho'
Ishow he has violated any law in doing
, lit Had I been the Judge or II were
Judge l would not have my oainH ara"
, the Grand Jury or the Petit jury, put
| in doing it is there any law violated
As a member of the Bar Association,
would seek to stop such pracuces' put
| when we go to the judicial source, 'ne
/ Pres4uent will ask, Has there peeh any
violation of law" This Bail,ii Act was
, | a law passed by Senator Brown anu rep
t Preventative Robertson and it was signee
: Iby the Governor. Unless we can pass
; iour action upon some act of the Judes
{ | in violation of law, some crime OF hii s
( idemeanor we are starting on very uh
? wise. course, gentlemen; course iil
3 Twill stir It's town and the Ierritor'
S from one end to the other, ana acco au
3 lpIish notnlng. Supposing you go 10 sh'
t appointing power. and say that JUG
e Humphreys gave Lenses to these siA
. lteen members of the Legislature 1heI
: tare a great many things to De SAID wiz
. reference to these men. In my piaeio :
y lin the country 1 have met attorneys .
: the Bar at the lower courts, anu, g
g las Representative Beckley Is coneerneu ),
Q and so far as Mr.. Kanuha IS concelne !,