Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-03-01
Gan ACT FOR ITSELF

ney George A. Davis this morning pre-
scented his petition for admission to
practice in the Circuit Court, for full
hour delivering forceful and elo'
quent statement of what he believed
to be the powers Of the court to admit
or re.admit an attorney.
After reading his petition for admis-
sion, published yesterday. Davis re.
ferred to host of authorities, quoting
Supreme Court decisions of various
States, law encyclopedias and the Or.
ganic Act.
Petitioner contended that the admis.
sion OF an attorney was purely mat.
ter OF judicial discretion and that the
Circuit Court had power to admit with.
in its discretion, irrespective of the
Supreme Court. That the Supreme
Court could not review the act Of the
Circuit Court in admitting an attorney.
Davis emphatically drew the atten.
ton of the court to the fact that It
was necessary to take an oath to sup.
port the Constitution of the United
States and of the State in order to
practice law in any State Of the Union.
Here, in Hawaii, there was no statute
covering the essentials to admission
to the bar. The only statute, that re.
quiring that an oath be taken to sup.
port the Constitution and laws of the
Republic of Hawaii, was repealed by
implication when the Organic Act took
effect, when Hawaii became a Terri.
tory OF the United States. How could
man be admitted to the bar of an
American court by swearing to support
the constitution of an oligarchy that
had passed away? The Organic Act
wiped out all Hawaiian laws that were
in conflict with the United States Con-
stitution.
Petitioner declared there was no no.
tice or order of disbarment before the
Circuit Court. None had been pre-.
scented to the Circuit Court. The court
possessed inherent power to admit an
attorney upon motion.
Davis, looking around the court
room toward the end Of his address,
noticed Attorney Thomas |. Dillon and
ushtu IL NoNiu ihdhS q III
motion for his admission.
Dillon, rising, formally moved, to
get the matter on record, that Davis
be admitted to practice In the Circuit
Court.
Davis took the stand, a stenographer
being called. and testified in regard to
the facts contained in his application.
swearing they were true.
mo court dare review the act of this
court in admitting an attorney" said
Davis. mo court dare take 1t to the
Supreme Court of the United States.
why did not the Supreme Court
follow the statutes In the case against
me? They knew that no court outside
Of themselves, II your Honors will per.
NIT me to put 1t this way, would dis
bar me on the evidence adduced.
Courts are supposed to administer
justice without fear or favor, ! but,
sometimes passion and prejudice gov
ern what is done.
Davis referred the court to Section
81 of the Organic Act for their jurisdic.
ton in the matter Of admitting him.
DO you wish to file brief?" asked
First Judge De Bolt.
well, think I've made the matter
clear" said Davis.
I'VE will take the matter under ad.
visement," said Judge De Bolt.
Davis. in presenting authorities, said
In part:
THE Inherent power to admit attor.
neys Is vested in every court OF record
and Is shown by long list Of unbrok.
en- authorities.
'Re-admission Of an attorney to
practice is a matter In the sound dis.
erection of the court to whom the appli
ton is made, and the exercise of this
discretion Is not renewable.
by section 81 OF the Organic Act
the Act to provide q government for
the Territory of Hawaii, the judicial
power is vested in one Supreme Court,
Circuit Courts and such inferior courts
AZ the Legislature, may, from time to
time establish.
1t Is an absolute prerequisite for ad-
mission to the bar. and before licensing
to practice law, that. the petitioner
shall take and subscribe an oath to
support the Constitution and laws Of
the United States before he can b.
licensed to practice In the courts Of
the Territory and become an office
thereof. ,..N N.. u.
Section 1900 Of the Civil Laws is In
conflict with Section 81 Of the Organic
Act." The admission Of attorneys is z
judicial act and not legislative one.
mo Territorial statute can impair
or take away the inherent power Of o
court of record.
"The inherent powers of the circuit
court are not In any way restricted BY
the provisions Of the act to provide a
Government for Hawaii.
"When Congress created this court
withOut limiting ito nnwara auralv M