The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-05
JUDGE GEAR
AND Mr., DOLE
THE COURT TELLS THE ATTOR-
NEY GENERAL HE OUGHT
TO KNOW BETTER.
DOLE'S PROTEST" CAUSES AN
OTHER PASSAGE.
Attorney General Offers to Explain
why He Saw Fit to Enjoin the Cir
cult Judge

Judge Gear and Attorney General
Dole locked horns again this morning
over the transition period cases. The
transcript of proceedings for the pres
ent term of the circuit court, instead
OF being dry law, will be as exciting
as Anthony Hopes dialogue if they
keep it up. A large crowd of jurors
and attorneys enjoyed the repartee
this morning. The judge gave the
hardest knocks, but Dole hinted at a
plan, to put a stop to Gears pro-
gramme.
AS soon as court opened the attor-
ney general offered the protest which
he offered two days ago, and which
the court refused to allow to be filed.
1t was in the form of a letter, address,
ed to Gear, and protesting against the
trial of the cases that depend upon the
decision awaited at Washington. Dole
also wanted to explain his position.
"The court knows of no such plead
ing as a protest" said Judge Gear, as
soon he found out that the document
was the same one as he had ruled out
before.
Il don't claim that it is a pleading,
but a protest" said Dole.
"The court will not receive a pro-
test. 1t knows of no right or author
ity for the filing Of a protest You can
have your exception"
"Well, the record Will show that I
offered it for filing"
And the record will show that the
court knows of no such pleading as a
protest"
ITS not a pleading but a protest"
The court knows of no such pro-
Ceeding as the filing of a protest in
open court. The court is very much
surprised at your Offering such a pa
per. It might be presumed that a man
who occupies your position as head of
g pf
know better than to attempt such an
unheard of preceding"
1T may be an unheard of proceed
ing" said Dole but under the present
circumstances it is what 1 want to do"
THE court will not allow any un-
heard of proceedings. 1t is again sur
prised that man in your position
should present such paper One in
your position ought to be an example
to younger lawyers"
II desire also to make a statement" ="
said Dole, to explain to the court the
attitude of the Attorney Generals de-
partment, and why l am about to take
the action I have decided upon"
Gear wanted to know if the state
ment was in the George Wade case,
which was on trial. The attorney
general replied that it had to do with
the transition period cases generally,
other than tat Of Wade. "The court
Gear.
"I will present the statement again
when the trial is over" said Dole. He
left the court room and the case went
on.
Chief Justice Frear has refused tc
issue a writ of injunction in any of the
cases, and they will therefore come VI
in order, after the Wade case has fin
ished, which is expected to be some
time this afternoon.
Tt is reported that the Attorney
General intends to enter nolle presses
in all of the cases, rather than go tC
trial. He will then try to hold the de-
fcndants on the old convictions unit
he hears from Washington decision in
the Osah Mankichi case. If the Su-
preme Court decides against him il
that case, it will be necessary have the
men all indicted by a Grand Jury again
ard go ahead with trials in some fu'
tuTe term.