The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-09-25

was the intention of the Commission
to make its hearings of today the last
ones. The mass of testimony must be
digested and the members of the sub
committee must have some time to look
over the grounds, viewing the
city and its surroundings, looking
at the harbor and the military reserva-
tions, SO it has become necessary that
the public meetings end
That the ordinary Investigations have
reached a conclusion was indicated by
the mass of testimony on varied sub
jects which was collected yesterday,
and there can be little to come on the
ordinary propositions of government or
procedure. There will be some figures
submitted from the land office and the
men who are interested in the disposi-
tion of the public domain will have an
inning.
The defalcation of Treasurer Wright
has introduced feature which will
make the hearing have a new interest.
The members of the Commission when
they heard of the matter, at once de-
cided that they would look deeply into
the case, they having already been cog
infant of the fact that there is no bond
required of the official. In addition to
Secretary Cooper, who is the acting
treasurer, it is understood that Auditor
Austin will be put on the stand, and
that there will be general overhauling
of the monetary system of the Terri
tory
SO that work may be hurried along,
this mornings session at the Hawaiian
Hotel will begin at o'clock.
When the session was opened the first
witness placed on the stand was George
a. Davis. He began by telling of ex-
periences on Maui and charged that
Judge Kalua was incompetent and that
he had been told that he was corrupt.
and declared that two judges only were
needed, He had signed the report of
the executive committee of the Bar AS
sociation, but had changed his mind.
He said the present administration had
been in office for ten years and should
be changed.
n T,,I %,
saying he had been at all times a faith
full judge and that he had shown great
fidelity. He admitted that he had an
unfortunate appetite but he had never
with his legal duties He 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 a series of charges
against Judge Kalua, signed by Messrs.
Coke, Kepoikai and Robertson, setting
forth various charges of corruption and
but Mr.. 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 op-
portunity to testify and he said that
the custom of filing the supreme bench
was not sui generis, 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 F'rear 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 supposititious case, setting forth
that there might arise a 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 a single justice. Chief
Justice Frear said the system was OBJ
iectionable 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 a
matter of opinion. There was some
question over the fact that the judges
of the circuit court We're not always
called in to fill vacancies, and the JUS
tice said that often they were too busy.
He said often too they were disquaH-
fed. Davis demanded to know why he
was never calieu upon though he had
been here for eight years, and others
we're called who had been here only
short time. Judge Gear also wanted to
Snow why he was never called in and
said he was never asked TO sit with
he Chief Justice. Mr.. Frear answered
hat as rule the circuit judges were
irst chosen.
WILCOX ON MANY POINTS. !
Delegate Robert W. Wilcox was the
,ext witness and he furnished sensa-
ions for a few moments. He began
" saving that he wished to call to the
nf