The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-01-26
THREADBARE TACTICS.

Appeals to morbid conscientiousness
in upright but inexperienced judges Is
n worn out method of obstructing JUS
tice. On behalf of corporations ana
individuals. 1t has been tried upon
some of the best Judges in the United
States. On thoroughly bred and
trained judicial officers 1t has about as
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
groundess suggestions of disqualiii-
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 breath against ms
impartiality, uprightness and compe-
tency. and, during his whole judicial
life, he was socially intimate with
leading attorneys, with other judges
and with heavy business men. 1t was
not at all uncommon for people to at
tempt to mention cases, that were
doubtful. to him or before him, in or
der to induce him to retire from their
consideration. But 1t was useless
Every case was heard and decided by
him on its merits and, when he died,
the apotheoss to his memory was
without dissent. He left an immacu-
late reputation to his collateral de-
scendants, for he never married, and
1t is a fine reflection for the people of
California that his spotless luster has
never been furnished through his sue
cessor. He was a bright example, but
there are many others.
In New York, in Massachusetts, In
Pennsylvania, and in other States, this
worm 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 half, transferred 1t to one
of his associates, of equally good
standing The statutes of Hawaii up
on the subject of disqualification are
enigmatical and We're apparently
framed upon erroneous IDEAS For ex-
ample the Constitution of the Repub-
lie prohibited a judge or magistrate
from sitting on q new trial of any case
in which he had rendered the judg-
ment. Above all other men. the judge
who has tried 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
presumption 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. 1t
is only right to say that, in the Uni
ted States, in which during its exist
ence the volume of litigation has been
enormous, the proportion of judges
who, through their personal lavishness,
their bad habits or more directly, were
susceptible to Influence" has been
very small. In exceptional instances, !
clearly proved, the remedy is with the |
appointing power or the electors. Per-
sonal character and experience are the |
only sure guarantees against corrup- |
ton, for which the undiscoverable OPP
portunties are numerous. In this |
respect, fixed public opinion, which is |
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 |
impersonal and consistent. This stand |
ard, though high, is not hypothetical,
but is fully reached in thousands of |
American courts and, as applied to
facts, has been sustained by tens of /
thousands of American Jurors.
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