The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-31
KALUA WILL.
PASS OUT
Department of Justice
Does Not Wish Him
Dismissed.

As to George \. Davis, Judge John
W. kalua of the Second Circuit. Maui.
says in his defense to the charges OF the
Senatorial Commission. one OF the per
sons who appeared before your com
nllttee against me, I have 10 SAY that
he IS practicing attorney of the Ha-
waiian bar who IS utterly disgraced. He
has served term in jail Tor. contempt
OF court. He has in person brought
two or three groundless suits of divorce
against his wife in which the charges
were utterly frivolous, with no inten-
ton OF having cases TO trial and then
discontinued them. He has frequent
ly been so intoxicated that he has been
found in the streets half crazed and on
the verge OF delirium tremens with
hardly any clothes on. lie was ap-
pointed attorney general in my court
IN the June term, 1901; and became so
ncapacltated that the work OF the
court came to d standStill and | had to
write to Honolulu to the attorney gen
eral to send another prosecuting attor-
ney and he sent the now Honorable
Judge J. T. De Bolt
Prior to the arrival OF Mr.. De Bolt.
DAVIS appeared in my dining room.
where my wife and friends were seated
at the table, in an almost nude condi-
ton When Davis first arrived in
Wailuku he always protested great
friendship for me, but when. in carry
ing out the duties OF my office, / was
Obliged TO ask for the cancellation of
his commission he became my bitter
enemy As to the statement that he
wrote my charge to the grand jury, II
IS false He asked me if | would per-
NIT him to look over my proposed
charge and this | allowed him TO do
He made some suggestions which were
adopted by me and that IS all he had to
do with it.
Judge nalua denies that he had been
intoxicated in holding court He also
denies that he did not write his own
decisions and says good deal about
both dead and living who have opposed
his remaining on the bench. His life
sentencing OF Fred. Wood, the negro
burglar, he essays to justify on the
ground that the culprit was an inveter-
ate desperate.
Governor Carter yesterday received
the findings of the Department Of Jus
tice upon the Commissions charges
against Kalua, the judgment going no
further than deciding against his re-
appointment. The Attorney Generals let
ter to President Roosevelt here follows:
Department of Justice.
he President. Sir: In answer to the |
note OF your secretary dated the 18th |
instant, concerning the charges against /
Judge John w. Kalua of the second
judicial district of Hawaii, / have to |
say that the charges have been consid- |
cred by the department very carefully |
with the accompanying evidence IN /
support of them, an explanation of |
which was obtained from Judge Kalua
and my conclusion is that Judge Kalua |
should not be removed, but on the other |
hand should not be reappointed His |
term expires on the 5th of June next l /
enclose memorandum concerning the
charges.
sP. C. KNOX. Attorney General"
Among the findings submitted by As
sistant Attorney General Charles w. |
Russell, the following appears:
The charges and answer and evil |
dence do not leave the department sat |
isfied that Judge Kalua should be re-
moved. He admits that he takes some
thing to drink and he may have under
the influence of liquor become excited i
and talked politics on the wrong side
on election day and acted foolishly in
the election booth But the other char
ges are met by denial and explana-
ion which reads as though it was true
1t IS believed to be the general policy
Of the Government to permit natives of
Dur new possessions TO hold Office if
hey are reasonably fit and not to fix {
90 high standard by which to test
hem or permit local party political
feeling to Dust them.
1T is recommended that nothing be
lone until it can be found convenient to
end an examiner to Hawaii who can i
eport upon the case