The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-01-31
APPOINTMENTS
ARE ATTACKED
STARTLING LEGAL POINT MADE
IN THE WILLIAM CARSON
CASE.
DOLE NOT PRESIDENT DURING
TRANSITION PERIOD.
Kinney Ballou and McClanahan Claim
Appointments of Suiman and Davis
AS Judges We're Illegal.

/ In a motion filed today i'm the SUI
| preme court by Kinney, BallOu and Nc
| Clanahan at attack is made on the le-
! gality Of the appointments of Judges
| Silliman, and George A. Davis, by Gov
/ ernor Dole during the period of time
/ between the transfer of sovereignty
/ here and the taking effect of the Or
/ ganiC Act The motion is to set aside
/ the decree signed by Davis i'm the VIII
! liam Carson case The attorneys con-
| tend that the appointments were not
| valid, and that the judges i'm question
| had no jurisdiction to hear the case.
! The issue is the most important and
| far-reaching one yet raised I'm cOnueC-
| ton with the transition period muddle
| The attorneys contend that Dole was
former President" between August
/ '9S and June 1900.
The motion and accompanying afH-
| davits refer to the hearing Of the Car
son case as Pretended hearing" to
J the authority of the judges as pretend
! ed" and assumed" and to the right of
| President Dole to make the appoint
| ments as assumed"
| 1t is set forth that on November O.
1900, the plaintiffs assumed to file a pre-
tended libel and that in the following
! February, the Honorable w. L. Stanley
| acting under a pretended authority as
second Judge of the First Circuit of the
then unorganized territory of Hawaii
I tAof'NAAlIA W blhtl lllt lSoudllte Oh pro-
cess against the said Wider's Steam
ship Company upon the said assumed
libel as aforesaid filed" On February
as First Judge the Hon. r. d. SilHman
assumed authority to hear the libel
and the pretended answer thereto The
motion further says
"That thereafter to wit on the 5th
day of March, 1900, issue was assumed
to be Joined in said pretended cause by
the filing of pretended answer by the
said pretended libelee in the Circuit
Court Chambers which. under section
ll45 Of the civil laws O89O of the former
Republic of Hawaii, alone bad admiral
ty jurisdiction"
on the 10Th of March the case came
up for trial and on April Q, the said r.
d. Silliman, assumed to render a de-
cislOn." On May Z a decree in the pre-
! tenHed cause was signed by George a
Davis under a pretended authority Civ
en- him by an appointment from the
former president of the Republic of
Hawaii. The decree ordered the Wilder
Steamship Company to pay $4,000 and
costs.
The allegation as to the appointment
of Davis is as follows: THAT on May 1
1900, the Honorable Sanford b. Dole
! former President Of the Republic of
Hawaii assumed to appoint the Honor.
able George A. Davis, first Judge of the
said Circuit Court of the First Circuit
] NouIl Dl lllt II lISl JuNltldl circuit or llC
then unorganized Territory Of I[ava ali
although the said Honorable A. Perry
assumed to be at such time the duly
appointed and qualified First Judge OF
the said Circuit Court of the First Ju.
dtcial Circuit of the then uuOrganiZeG
nj Territory Of Hawaii. and the same Da.
g.; Wis assumed to qualify and act as suCl
- First Judge until to wit the 14th day
a | Of June, 1900"
al A similar claim is made i'm the cas-.
s. Of r. d. Silliman, who was appointed
acting Judge by Dole on March O. 1900
$ The court is asked. to set aside the de
Y cree on many grounds, the chief OF
e. which are that the appointments wer,
6 made by Governor Dole, former Presi
a dent Of the Republic Of Hawaii at
d time when the appointing power wal
10 with the President Of the United States
that the court had no admiralty iuris
a dictOn at that time and has never ha,
c any since, and that the decree was sign
IS ed by judge who did not hear TIN
H. cause
Al In the motion the words former Pre-
.e sident Of the Republic of Hawaii" a
n applied to S. b. Dole between the trans
n fer of sovereignty and the taking effeC
=. of the Organic act, imply the mos
h sweeping claim yet made as to transi
= tiOn status.
Ia The Carson case has already been t
T. the Supreme court here and to tn
N Nlnth circuit Court OtAppealS at Sa
N Francisco and to the Supreme court a
al Washington. 1t grew out of a cOllsio
n in which on December o. 1899 tn
.r barkentine William Carson, accordin
N to the pretended judge" was sunk b
the steamer Claudine. The plaintiff
Is are George A. Hind, c. A. Spreckel.
~ Rudolph Spreckels, G.. Wemfe, WlliaT
,e Carson, II. ID. BendiXon. j. II. Nelson
- NJ. O. Siverson, n. j. Mcleod, G.. N
ID Fagerlund j. S. Hellingsen, John Pilu
~ and Henry NJ. Wetherber