The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-24
In THE NATTER OF
HENRY {. COOPER
REMARKS or THE COURT IN TAX
ING CASE UNDER ADJ
WsEMENT. :.
The Attorney Generals Words of De
fiznce and Menace are Animal
verted Upon in Stern and Biting
Phrase with Note of Warning.

Below is given the stenographic re
port of the remarks of Judge Hum.
phreys in the matter of Henry E Coon
er and J. A MeCandless. while taking
the case under Amusement on Wed.
nesday:
The Court On a question Of sucb
vast importance 10 all of the depart.
ments OF the government, as well as
tne community as a whole. involving
IS II does the duties. responsibilities
liabilities and privileges OF two of the
Coordinate departments of the GOV.
ernment. the Court should not deliver
Its opinion, even though il may have
one without due elaboration and
without measuring every word which
il may utter.
The Court viii take all of the mat
tiers argued Except the one which the
Court has intin ated should be elimi-
mated from consideration under ad-
yisement and mature its judgment and
at an early day render such opinion in
writing as II may deem this case re-
quires.
The decision OF the Court. what
ever it may be. as well as the argu-
ment of the Attorney General. will
in due time be forwarded to the De-
partment of Justice.
The Court desires to thank the amici
curae in this case, distinguished mem
bers of the Bar, for the able manner
in which they have presented the
matters involved
When in his address" which
seemed to be directed largely to the
audience, the Attorney General paused
long enough to cite an authority to
the Court, the Court did not fail TO
note such citation, and those citations
with the other matters involved will
be considered and deliberated upon.
Much stress has been laid upon the
ability, the power of the Executive Of
this Territory to call TO his support
and aid the posse comitatus of the
Territory. the militia. and not only the
militia of the Territory, but the land
and naval forces of the United States.
Why such powers, if any exist, were
paraded before the Bar of this Court,
the Court is at an utter loss to under
stand But if the idea of counsel was
to coerce this Court in arriving at a
conclusion. then the Court desires to
say that such statements can only
inspire from any Court and from this
Court the most unspeakable contempt
contempt which extends to the au
thor of such sentiments whenever they
are uttered at the Bar of this Court
by whomsoever they are uttered OF
under what circumstances or condi
tons they are uttered.
This Court in the performance of it:
constitutional duties, will not be in
: Inundated or coerced or influenced
| by any threat of Pretorian Guards, o.
even by an intimation that the Gov
ernor in resisting the process of Lii
| Court has at his beck and call thu
land and naval forces of the United
| States
There were various points and peri
| DDS in the argument of the Attorne,
| General which so bordered upon con
| tempt and disrespect to the Cour
and to an abuse of his. Office and priv
| ilege as an advocate at the Bar o
| this Court, that the Cour. in the ex
ercise of its power and dignity nigh
very well have stopped him. But tn
Court conceiving under all the Gil
! cumstances that it was best not to Il
NIT the freedom of advocacy, permit
ted the Attorney General to make YER
many statements. even at what tn
Court then conceived TO be a sacrific
of its own dignity. In it's written opir
ion the Court will touch upon thes
and upon other matters, and with e.
cerpts from the address" OF the Al
torney General will demonstrate tn
propriety of the observations which
has now made. Again the Court say!
that any one who stands at the Ba
of this Court representing any powe
or representing any officer or repr'
senting any sovereignty who by thres
of force attempts TO intimidate thi
Court in the performance of its dut
will fail in his purpose and will onl
inspire this Court with unspeakabl
contempt not only for the argumen
but for the author of it.
This case will be taken under al
visement and a decision will be rem
cred in due course of judicial delibe
alton