The Pacific commercial advertiser., 1903-10-28
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Federal Judges, in his constant asser-
tion of the supremacy of juries in mat
ters of fact. In the Mankichi case, on
habeas corpus, where the offence was
clearly Infamous within all the def
nitions, he followed his strict construc
ton of personal rights, by ordering the
discharge of the prisoner, because the
Indictment and the verdict did not
conform to the Federal Constitution.
This is one of the very few instances in
which his judgment was reversed-by
La bare majority, however, of the Su-
preme Court of the United States.
The published opinions and charges
of Judge Estee will doubtless be more
carefully and appropriately reviewed in
legal periodicals. The point to be OBJ
served here is that they impressed all
classes, all but disgruntled individuals,
with his rigid impartiality and upright
ness. But, Independently Of his judi
cial functions, he was an interested
citizen on all questions of public i'm
provement and well being, and, even in
the matter of accent and pronunciation
of Hawaiian words and phrases, he
showed a deep respect for the native
element in citizenship, without in the
least disregarding the broad conditions
that necessarily followed annexation.
Thus he obtained general esteem and
confidence, and it would be difficult to
name a man in the Territory, who has
so unostentatiously won fixed place
in popular affection.
JUDGE ESTEES CAREER.
His career in many respects was re-
|markable. A Pennsylvania by birth,
he was brought up on his fathers farm.
in a home where sturdiness, independ-
ence and intelligence, on the Ameri-
can model prevailed. He had fair op-
portunities for education, of which he
availed himself thoroughly, and from
his sixteenth to his twentieth years,
while prosecuting his own studies, he
taught in the common schools. He ar
rived in California In 1858, before he
had reached his majority, and, having
determined to adopt the profession of
the law, amidst many difficulties but
with unfailing resolution and applica-
tion, prepared himself for admission to
the bar, which in 1859 was accorded to
him by the Supreme Court of his adopted
State After that he practiced law at
Sacramento for seven years, with ever
increasing success. He was strict in
his attention to clients, but there, as
here, his sense of civic obligation, kept
him in touch with the community. He
was elected to the Assembly, and won
a high reputation for efficiency and in
tegrity. He also served as District At
torney of Sacramento County for two
years, and was noted for his fairness
and his thoroughness in prosecutions.
In 1866 he removed to San Francisco
where there was field more commen-
surate with his ability and his ambition.
His several law partnerships there as
sociated him, as head of each firm,
with lawyers who have taken high
rank, and he appeared in large NUM-
Der of important cases. Politically he
was a Republican, and rapidly attract
ed notice because of his ability as a
debater and speaker which, in his case,
was associated with executive force
In 1871 he largely contributed to the
success Of Newto Booth, who de-
feated and succeeded Henry 81. Haight
as Governor of California, and, two
years afterwards. he participated in a
revolt against certain Republican ele-
ments that resulted in the election of
an independent legislature. Judge Es-
tee as a representative OF san FTdH-
cisco, became the Speaker of the As
sembiy, where he achieved high repu-
tation for promptness, tact, urbanity
and close application to details.
CHOICE FOR THE SENATE.
| In 1887 he was the choice in the Re-
publican legislative caucus at Sacra-
mento for the Senate of the United
States, but the Democratic candidate
was successful. He took a leading part
in the Constitutional Convention in
California in 1S7S and was the author
of several important parts of the Con-
stitution, then framed and adopted the
next year. He served as freeholder in
the preparation of a, new charter fer
San Francisco in 1880. Twice he was
the Republican candidate for Governor
of California, and was defeated at the
polls by narrow nlajorities. He barely
missed two appointments to the Cabinet
at Washington, and rarely was there
a vacancy in any important Federal
position when, in connection with it.
his name was not prominently mem
toned. 1t was, however, noted on the
/. Pacific Coast, especially among those
!, who knew him best, that, while his
capacity to all any office to which he