Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-09-11
JUDGE HUMPHREYS
PRESENTS
OF LILIUOKALANI

ed must 20 to the Grand Jury and |
might have to wait very long time In |
Jail before the opening Of term. |
these waits extended into |
In this manner work had
piled up to such an extent at times
that II had been necessary to call spe-
cial terms of court. However, this
state OF AFFAIRS could not be remedied
until the next session of the Legisla.
ture. If the law was changed at that
time, then two, Judges would be suffi.
cient to take charge of all the bust.
ness OF the Circuit Court.
As to Supreme Court.
Senator Mitchell next asked Judge
Gear about the Supreme Court here
and the system of securing attorneys
to fill the places of Justices upon their
absence or disqualification. The speak.
er declared that the system was decid'
eddy wrong and unconstitutional. The
Organic Act provided for Chief JUS
tice and two Associate Justices and
provided for the filling of vacancies as
required by law. The speaker went
on to say that the law here provided
for the appointment OF an attorney
at.law.
Mitchell-When a member Of the bar
is called in to take a seat on the Su.
preme bench, is he sworn?
Gear-No. A case OF the kind came
up the other day. Chief Justice Frear
and Justice Galbraith are both away
on the Mainland. Justice Perry call
ed In two members of the bar, who
took their seats without being sworn.
The witness went ON to tell of the
law authorizing Supreme Court jus
tees to call in members of the bar and
stated that he believed the same TO be
unconstitutional.
Clashins Factions.
The witness next went on to state
the peculiar position he was placed In
here, saying: Il was in Washington
when the Organic Act was passed and
when the Judges were appointed.
There are. as you know, two factions
here. When President Mckinley ap
pointed the Judges. he did not take
them all from one side. He realized
the fact that there were those who
did not agree with Dole. and that there
were political differences here.
I'VE were known to be against Dole
and so the other side, through its pa
per-the Advertiser-made 1t very
hard for us. We were attacked right
and left, called the friends of crimi
nails, charged with being unduly ex
travagant and biased and prejudiced
In our where, OF course, GER
tain persons were concerned. Almost
daily were we thus attacked through
the Advertiser. They cartooned us
and called us all manner of names"
M'swilligan Cartoon.
At this point Judge Gear went into
a history of the famous "MSwilligan'
cartoon, carefully detailing the various
steps leading to the action of the Su
prsme Court and finally to the pardon
ing OF the editor OF the Advertiser i'm
mediately upon the Governors return
from the Mainland, thH. too, In thu
, face of a refusal on the part OF Actin
Governor Cooper to move In the mat
, ter.
Senator Mitchell here stated that h
could well understand how hard pa
: per that wished to be unfair coul'
, make 1t for people, but at the sam
time he could not see that the Con
+ mission had any control over pape
! or a person. The matter was In tn
l hands OF the Judges themselves. A
= editor could be cited for contempt.
Judge Gear answered that this ha
been done but that the Supreme CouI
: released the man ON bail. He had onl
e stated these facts for the purpose G
!, informing the Commission the cond
r tions that those who are opposed
3 the present Governor are subjected u
l. Mitchell-You believe that that wa
G an unwise interference on the part
v the Governor?
II Gear do. As | say, ! make thes
r statements in order that you may hay
}. a clearer understanding Of the stu
It ton. came here because you aske
me to.
At this point Senator Mitchell aske
l. to be excused ON account of an 81
It gagement and Senator Burton took IL
n chair.
g Governor Against Him.
e Foster-When you We're candida
for the Judgeship, did the Goyern'
'e work against you?
'e Gear--Yes, he did; and his oppoi
'e tlon was strong.
ID Judge Humphreys here asked judi
ID Gear II It was not SO that he had be-
T. opposed by the planters because OF h
T. attitude in the matter of laborers
he generated in oahu jail on account