The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-27
FREAR DID RIGHT.

written by Judge E'fear TO representa-
tive ChiIIingzxorth before the County
bill was enacted, suggesting certain
things that ought to go into that meas
ure. The charge which the citation of
the letter is intended to support, is that
Judge Frear helped to frame a law
which he afterwards decided against in
his capacity of Chief Justice of the
Territorial Supreme Court. 1t does not
appear that he was concerned in the
actual work of framing the County law
or that his subsequent findings. as q
Judge were based upon defects for
which the slightest responsibility at
lawyer and a citizen. What he passed
upon adversely was the work of others
who. if they had asked or taken his
advice, might have been saved from
errors which Judfcially annuHed the
County law. From the beginning Chief
Justice Frear showed desire 10 have
a valid law If any and in that desire
and in the expression of 1t he did Moth
ing unusual, either to him or to Amer
lean judges generally. Assurediy a pa
per which complimented Judge Hum
pnreys, while he was on. the bench, for
getting the first Home Rule Legislature
TO enact bailin law which he drew
ga ,.,,,ta,, -. 81. T..
anu wnien naa ior Us o11ses sne' PACK
f,,,,ae r.,.t,aa -. -.
49,
s.
- = -. - 80
- - - 80 ''s''t.. 7'sss -
- ~'.'s''' 'es 's.s'''o'''
s.'@s ou' 1e..us1s may see now siiis1n
'1ile .l'i si'ssA Ion
yisaos' we reprint tne fFear letter IA
1usss s'sssss -
Honolulu, Mich. 2 1903
laoli. ?. 2. S lsp = wort
49, Gu ,,.-,e,ssrt,
haze charge of the COUNTY Bill and
that it VIII soon come up In the House,
1 nave not nao time 10 SO through II
az Du. e.. inelose 2 les sus = siolis
other suggestions as 70 n q r,n,ai,,fIer
think one suggestion viii he to add
a new section at the cid repeating
1 dor So,. tl, ssrat,t ~ INC
in making the new comn5latitaa. per-
haps L can prepare such a section.
yours truly
Inc incendiary suggestion OF Judge
f'rear IN the ABOVE letter was 70 repeai
laws which the County DIN aiready
covered SO as not TO confuse the com
pliers For this bastard deed It Is con-
tended that the Chief Justice should be
driven from the bench But surely such
an aWfui revelation need not stano
alone Tor II one VIII take the trouble
10 e~arnlne Chief Justice Frears pub
lisned reports-ah OF winch are on ME
here as well as In the Department Oh
Justice at Wasnington-tney WIN us
cover that ne hapituaiiy makes sugges-
lions OF desirable changes IN laws winch
II is his business 70 interpret furtner-
more, in doing so' ne follows the uni
versal custom OF other judges With
out desiring to intrude a personal mat
ter into this discussion the editor OF
this paper could nnd' Dy a little search |
a letter received by nirn' while MEM
Der OF the Legislature OF New YORK |
from Justice Francis Nd. Flnch OF the
Court OF Appeals 5urist OF unques-
toned position and unbiemished char
acter-containing a friendly request
that he vote for measure then pend
ing which, II 1t became law was
quite as likely as any other 10 come
before the Court OF Appeals Tor review
Nor is this lone precedent Mem
bers of Congress not infrequentiy con-
suit, in an informal way, the Justices
of the Supreme Court OF the United +
States upon pending CONSTITUTIONS
Zee II rot h.;