Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-26
FREAR Made LAWS.

For ChiefJustice Frear to approach
member of the Territorial Legisla.
ture with suggestions as to how Terri.
torial laws should be drawn Is not an
unusual thing for the Chief.Justice Of
this Territory to do. He has frequent
ly admitted his activity in such work.
From the standpoint of the integrity
of American Justice, however, this &C
tivity of the highest judicial officer is
most extraordinary and has been so
commented upon by men high in the
profession at home and in the national
judicial and legislative field. 1t is a
well.settled and generally accepted
principle that a person cannot be a
Judge in case In which he has any
interest of any kind or in which he
may act from bias or prejudice. In
some States there are statutes pre-.
scribing in detail the details OF dis.
qualifications OF judges, but whether
there Is statutory law or not, the de-
mand for a fair deal Is inherent In the
human breast and no man can give 1t
unless he brings to IL virgin mind.
After his record In the Humphreys and
Davis disbarment cases, IL is apparent
that the Chief.Justice has no fine sen.
sibility on the disqualification of a jul.
dicial officer Furthermore, the Chief
Justice twice passed upon the County
law, the last time joining in the deci-
sion that gave the law its death blow.
Chief.Justice Bell, of New Hamp.
shire. in holding that judge who drew
a will is disqualified from presiding
over q probate court before which such
will is offered said: THE most perfect
integrity that can be in judges Is no
hindrance why they ought not of their
own accord to abstain from hearing
causes in which they may have some
interest. or where there may be some
just ground for suspecting them; for
although judges may be above the
weakness OF suffering themselves to be
biased or corrupt, yet they ought to
mistrust themselves and not draw
upon themselves the just reproach OF
rash proceeding
Higher ideals of justice,-and such
should be the ideals OF an American
judge,-point to the necessity of every
Judge approaching the subject before
HIM absolutely free from bias or preju'
dice by reason of his association with
the case in any way. That no man
/, can be a judge in cause In which he
is interested Is a maxim universally
accepted. THE learned wisdom OF en-
lightened nations and the unlettered
society are in full accord upon this
point. Next in Importance to the duty
OF rendering a righteous judgment is
that of doing 1t in such manner as
will beget no suspicion Of the fairness
or integrity of the Judge. There may
be no legal disqualifications but the
moral disqualifications may outweigh
every other consideration"
Can Chief-Justice Frear actively par.
ticipate in framing laws OF this Terri
tory and be free from prejudice or bias
in passing upon his own work or reyi-
sion OF 1t by legislative authority when
It comes before him as a judicial Off
Ger? II he can he must be free from
the human frailties recognized the
world over to an extraordinary degree.
What Hawaii wants for judicial OIL
GERS III this Territory, what common
justice demands is men who VIII not
dabble'in tho, Legislative work on laws
which they may at any time be called
upon to interpret Chief-Justice Frear
does not answer the requirement oil
thig demand for Justice