The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-23
THREADBARE TACTICS.


a worn out method of obstructing JUS
tice. On behalf of corporations and
individuals, it has been tried upon
some Of the best judges in the United
States. On thoroughly bred and
trained judicial officers. it has about as
4 much effect as pouring water on
ducks back If litigants, through I'M
conscientious attorneys, could throw
out the best men on the bench by
groundIess suggestions of disqualit1-
cation, they could practically select
their own tribunals.
The late Ogden Hoffman Of San
Francisco was one of the most highly
educated judges in the country and oc-
cupied the Federal Bench, as District
Judge, for more than forty years.
There never was a breath against his
impartiality, uprightness and compe-
tency, nd, during his whole judicial
life,- he was socially intimate with
leading attorneys, with other judges
and with heavy business men. 1t was
n0I at all uHCOIlLlOIl LUZ PSopiS " a
tempt to mention cases, that We're
doubtful, to MIN or before him, in or
der to induce him to retire from their
consideration. But it was useless
Every case was heard and decided by
him on it's merits and, when he died,
the apotheosis to his memory was
without dissent. He left an immacu-
late reputation to his. collateral de-
seendants, for he never married, and
it is fine reflection fol the people of
California that his spotless ulster has
never been furnished through his sue
cessor He was bright example, but
there are many others.
i In New York, in Massachusetts,, in
Pennsylvania. and in other States, this
worrn-eaten trick has been attempted
In a litigation pending in 1902, one of
our own judges, who was super-sensi- !
tive, allowed himself to be nagged out |
of a case he was trying, and after |
day and a half, transferred it to one |
of his associates, of equally good |
standing. The statutes of Hawaii up |
on the subject of disqualification are
enigmatical, and were apparently
framed upon erroneous ideas. For ex-
ample, the Constitution of the Repub-
lie prohibited a judge or magistrate
from sitting on new trial of any case
in which he had rendered the judy
ment, i. Above all other men, the judge
who has tried a case that has been re-
versed on appeal. is the judicial Off
Ger before whom the new trial should
take, place.
The theory and the practice of the
law are that every, judge is presumed
to be qualified and just, and that the
can only be overcome by
plenary evidence. He is supposed to
be capable of maintaining all the ordi-
nary relations of life and, at the same
time ON the bench, to try every case,
without fear, favor or affection, apply
ing the law with an even and firm
hand and with rigid impartiality. It
is only right to say that, in the Uni
ted States, in which during it's exist
enca the volume of litigation has been
the proportion of judges
who, through their personal lavishness,
their bad habits or more directly, were
TO Influence has been
very small. In exceptional instances,
clearly proved, the remedy is with the
power or the electors. Per-
sonaI character and experience are the
on1y sure guarantees against corrup-
ion for which the undiscoverable OPP
portunities are numerous. In this I
respect, fixed public opinion, which is I
seldom wrong, is the best criterion. ]
An american judge, who is fit for his |
position, will neither lean towards nor
against his friend or enemy. He is ]
simply the voice of the law, which is {
mpersonaI and consistent. This stand I
ard, though high, is not hypothetical, {
but is fully reached in thousands Of I
American courts and. as applied to
facts, has been sustained by tens of
of American jurors. Is
s
PRESS AND PROMOTION. I