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



straight from his heart and everybody
knew it. Since Paul Neumann's death
he has been the happiest poet-praudial
speaker i'm the Territory. He was an
active and honorable member of greal
fraternities. the Masons. the odd Fell
lows, the Knights of Pythias, and the
Elks, that side by side with the church
es and other institutions are doing
mighty work for the ennobling of hu-
manity and the bringing of peace on
earth, goodwin to men. He was
man built on broad-gauge lines of
worldwide, tender sympathies. abso-
lutely without pretense, and as the
greatest only are. in his simplicity
sublime one of his noblest traits was
his abiding loyalty to his friends. I
had the honor and privilege of being
one of his nearest friends in this Ter
ritory, and when l was breaking down
under troubles greater than 1 could
bear, it was Judge Estees staunch
friendship and the friendship of his no
Bile wife and of others like them, that
saved me from the insane asylum or
the grave. I loved Morris NJ. Estee,
reason to love him I was that man.
81 wish to say few words about him
as a Judge. He was Industrious, learn
ed and brainy. No more conscientious
man ever adorned a judicial position.
Nothing on earth could influence Nor
ris NJ. Estee to do what he believed was
wrong. He had no desire as a Judge
except to do right under the law. and
he studied day and night, this noble,
stricken old man, until within week
of his death, to know what was right,
and to do it..
I'm criminal cases, it was his rule,
and I have always thought it a sound
one, to deal sternly with men of de-
liberate and brutal crimes, especially
crimes committed upon women and
children the weak and the helpless, and
to be lenient where the offense did not
spring from wicked or cruel heart.
81 am not aware that more than one
of Judge Estee's decisions has been re-
versed," continued Dole, referring to the
Mankichi case. After describing it's
Importance he said: 1.-The case not only
| involved great interests of this Ter
ritory, but it was also one of a series
of cases more important than any
others that have come before the Su-
preme Court of the United States since
the issues created by the Civil War
forty years ago. They involved the
sustaining or reversing the policy of
President Mckinley and President
Roosevelt, which policy was in line
with the position taken by this Terri
tory.
81 had the honor of crossing swords
with Mr.. Coudert, one of the recog-
nized leaders of the New York bar. es-
pecially in questions of constitutional
law and in my opinion his argument
before the Supreme Court of the United
States was not stronger than Judge
Estee's decision rendered here. Every
constitutional lawyer in the United
States that belongs to what is known
as the school of strict constructionists,
believes today that Judge Estee's de-
csion, endored by the dissenting Opt
Mons of four Justices of the Supreme
Court of bhe United Safes. was right,
and that the decision of the majority
of the Court was wrong, and the two
men who are regarded as the greatest
lawyers in that august tribunal, the
most august legal tribunal on earth,
| took different sides, and Mr.. Justice
Harlan. who, if he is the strictest con-
structionist on the Supreme Court, is
also one of the strongest living lawyers
endorsed Judge Estee's decision in
terms as emphatic as the English Ian
guage is capable of. The decision was
for the Territory by majority Of one
The honors We're even. Under such
circumstances a reversal casts no re-
! Election upon Judge Estee's legal learn
ing and grasp of intellect"