The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-09-26

~ ,he monuau s,sism ~ 10, rcfu.
tory
~ that Wpfk mss b, hurried alonr.
thls MORNING. session Ht ths Hawaiian
Hotel viii bDEln I'D y utlutk
when thp session wus opened ihp nrst
witness placed on the stand Was George
4. Davis Hp began hY telling uf ca
perienccs on Maui and charged that
Judge kalua was Incompetent ana that
De had been told that be- was corrupt
tie made an attack upon Justice Perry
and declared that two Judges ouly were
needed. lie had signed the report Of
the executive committee ~ the bar AS
ISOLATION. but had changed his mind.
lie said the present administration had
been In office for ten years and should
be changed.
W. -. Smith defended Judge Kalua.
saying he had been at all times a faith
full judge and that he had shown great
fidelity. lie admitted that he had an
unfortunate appetite but he had never
known that he allowed IL To Interfere
with his legal duties. lie said that
Judge Kalua should have a chance to
defend himself and Chairman Mitchell
said that letter had been sent to
Judge Kalua from Hilo. Finally Sena-
tor Mitchell read series of charges
against Judge Kalua, signed 10y Messrs.
Coke Kepoikat and Robertson, setting
forth various charges of corruption and
drunkenness. but AR Smith said he had
no knowledge of any OF the cases. 1t
was said that in the event that the
judge did come here during the stay OF
the committee a copy of the charges
would be sent to him and he would thus
have a chance to defend himself.
Chief Justice Frear was given an OPP
portunity to testify and he said that
the custom of filling the supreme bench
was not sui geners citing certain
states where the custom prevails. He
said that during the past year there
had been eighty decisions, with only
five rendered with the aid of lawyers.
He said there had been no disposition
to change the law since its passage.
There was some questioning during
which Justice Frear got in an answer
to show that the law was construed
that the assistants thus called in could
not fill vacancies. Senator Mitchell
made a suppJsiiitiOus case, setting forth
that there might arise time when
there would be two lawyers on the
bench and the only justice might be
taken i'll or otherwise kept from the
bench. when there would have to be
decision without single Justice. Chief
Justice Frear said the system was OBJ
jectionable but the question was what
was the alternative.
Justice Frear said he thought three
judges were necessary and that the
calendar was congested. When Senator
Burton mentioned the fact that the two
judges had testified differently, the
Justice only would say that it was
matter of opinion. There was some
question over the fact that the judges
of the circuit court were not always
called in to fill vacancies, and the JUS
tice said that often they were too busy.
He said often too they were disquali-
fed. Davis demanded to know why he
was never calico upon though he had
been here for eight years, and others
were called who had been here only
short time. Judge Gear also wanted to
know why he was never called in and
said he was never asked to sit with
the Chief Justice. Mr.. Frear answered
that as rule the circuit judges We're
first chosen.