The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-11-02
TRIBUTES TO
JUDGE ESTEE


General A. S. Hartwen spoke next,
his remarks being as follows:
when Judge Sstee came to Hawaii
he found a newly established Territory,
but with conditions different in many
ways from that of any former Territory
of the United States. A system of law
had been established here for over so
years, founded mainly upon that rich
heritage of Americans, the common law
of England; personal rights as secur-
ed by that system had been carefully
and jealousy guarded by the judiciary
of Hawai-. Congress had enacted in
the Organic Act of the Territory that
'all lights of action, suits at law and
in equity, prosecutions and judgments
existing prior to the talking effect of
this Act shall continue to be as effctual
as if this Act had not been passed.
There was large body also of Ha-
waiian statutes which with few ex-
ceptions, and so far as they were not
inconsistent with the Constitution of
| the United States, We're re-enacted by
/ Congress for the Territory of Hawaii.
''The Supreme Court of the United
States had not then decided certain
questions since decided, touching the
/ applicability of the provisions of the
United States Constitution concerning
personal rights in the Territories.
'Who could say that the Hawaiian
statutes which were continued in force
by Act of Congress, and which had the
force of law, not because of their Ha-
wa1lan origin, but in no other way than
| by Congressional enactment, were not
to all intents and purposes laws of the
! United States, or that cases under them
| might not be regarded as within tise
jurisdiction of the Federal court.
who could say how far the power OF
Congress to legislate concerning the
Territories had been Constitutionally
limited by any of these statutes?
"a Judge who had suggested or en-
couraged unnecessary litigation of such
! questions might easily have caused a
conflict of jurisdiction between the
Federal Court and the Territorial
Courts, fraught with extreme danger
TO the interests of this community.
81 think that Judge Estee was re-
markedly successful in avoiding such
injurious results, and for his having
done so l desire to record my humble
tribute of regard to his memory"
T. McCants Stewart followed with an
eloquent tribute to the late judge.
speaking in high eulogy of his capabiI-
ties as a juTist and of his character as
a man. The general affirmations of
his decisions by the higher court, was
the best evidence of the late judges
high judicial character, said Stewart.
Remarks were made by Henry Ho-
ed Associate Justice Galbraith to speak
for the court The chief justice said
that all the members of the court were
acquainted with the late judge and
shared the general feelings of high re-
gard that had been voiced by members
of the bar and others, but that Gal
braith had been especially close to Es-
tee and would be called upon to speak
for the court. At the conclusion of
Justice Galbraith's remarks the court
adjourned for the day, out of respect
for the late federal judge. Tomorrow
being a holiday, election day, the next
session of the court will on Wednes-
day, when the calendar will be called.
Dole's address was in part as fol-
lows:
For more than thirty years Morris
NJ Estee was one of the prominent men
of California. In the Republican Con-
vention of 1883 he made a national re-
putation. We have known Of him for
long time, but until three years ago
few of us knew him personally. He
| came to us a stranger. / doubt if
there is any man now living in this
Territory who has won in a lifetime the
universal goodwill of its people to the
same extent that Judge Tstee won
| 1t in three years.
He once told me that at no time for
| twenty-five years was he worth less
than two hundred and fifty thousand
| dollars. Shortly before he was ap-
pointed a Federal Judge he lost every
thing he had except his library. He
was a man of political ambitions About
the same time that he lost his property
he was, as is generally believed, elect
ed Governor of California and was
| counted out. The counting out was a
| coronation, for 1t was a tribute to his
splendid courage, his independence and
his spotless integrity, He was a most
tender and devoted father. few
| weeks before be came among us he laid