The Honolulu republican., 1902-01-11

SAN FRANCISCO. Dec. 2e.-An ef-
fort is TO be- made to oust from the
Supreme bench Of Hawaii Associate
Justice Antonio Perry. who mas been
a member Of that high court since the
United States took possession Of the
Hawaiian Islands. George \. Davis, a
leading attorney and former Judge of
the Circuit Court OF Hawaii. IS now
here on his way to Washington 10 ask
United States Attorney General KNOX
to depose Perry.
The latter will be charged with in
competency generally and specifically
with violating the Constitution q the
United States in the conduc- Of a
criminal case.
Davis said yesterday. Justice
Perry is untitled for his position on
the Supreme bench by his lack of
training in legal matters. in the first
instance-for. as a lawyer. he never
tried a case in his life His many
blunders during the dying days Of the
Dole oligarchy nave been severely
censured by the Hawaiian attorneys.
who have openly expressed their opin-
ion of his unftness. And yeT. upon
the formation OF the Territory, this
same Judge was recommended by
some persons in Honolulu. who evi-
IDENTIFY misled the Department Of
Justice in Washington and secured
his appointment as Associate Judge.
"One of the most serious blonders
OF Perry's judicial career. and one
which | will make special mention OF
to Attorney General Knox. was his
sitting on appeal in a case OF the Ter
ritory of Hawaii against Osaki, a
Japanese. As a Circuit Judge. Perry,
under a peculiar statute. exercised the
functions OF a grand jury and found
a true bill against the prisoner for
murder in the first degree and certi-
fed that there was proper cause TO
try him Then. as Circuit Judge,
he did try him and sentenced him.
The trial of the prisoner and his
conviction and sentence took place
after the change of sovereignty He
was put upon trial without being in
dicted by a grand jury. in express vio-
lation Of the provisions of the United
States Constitution. An application
was made on behalf of the prisoner
by myself and associate counsel 10
Judge Gear of the Circuit Court for a
writ of habeas corpus. Judge Gear Is
sued the writ. and the prisoner was
ordered discharged from custody. At
torney-General Dole. in the absence
of statute allowing an appeal On be
half Of the Territory. appealed 70 the
Supreme Court Of the Territory. A
protest was entered against Justice
Perry hearing this appeal but he
overruled the protest. and. in express
violation of the provisions OF the or
ganic act, heard this appeal and af
hrmed the sentence which n had
himself uttered,
4 then made application % Judge
Estee of the United States District
Court for a writ Of habeas coipus, and
Judge Estee overruled the decision O
Justice Perry. affirmed the judgment
Of Judge Gear. and ordered the pris
oner 10 be discharged. Now the At
torney- General OF Hawaii has appeal
Ell the case TO the Supreme Court O
the United States. and am going OF
to plead for my client viii pre-
sent the facts of this case 10 Attor
ney-General Know. and will ask hin
to oust Justice Perry.
Associate Justice Galbraith Of th'
I Supreme Court of Hawaii, who ren
dered a dissenting opinion from Jus
tice Perry and Chief Justice Frear
said: AS an aerobatic, performance
the court must admire the reasoning
and decision OF the majority of IN
Supreme Court. but as solid cor
elusion of an appellate tribunal il
without precedent and without res
son.
This adds new fuel TO the jndicia
scandals which have RACED In Hawai-
since annexation When the news c
Davis mission reaches Honolulu
pretty row will be stirred up, for
has been kept a secret so far.