The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-08-31
made and disclosed, are obvious.'
Another paragraph is as follows:
SMITH CENSURED.

"Again Mr. Smith urges that at the
time of receiving and answering Mr..
Milverton letter, he was overwhelmed
with engagements; that within five
minutes after reading the letter re-
questing his views he dictated the re.
ply and fled the letter. and that Mr..
Milverton g letter created at the time,
the impression upon him that Milver-
ton, as one who had been conscientious
in his prosecution of the Koreans and
believed that they should suffer death,
was writing to him for possible stand
point and facts which might serve as n
check on his own views and that in
reading Milverton IS letter the fact es-
capped him that the letter itself showed
that the information was being re-
qucsted for the use of the executive.
The committee regrets that it must
confess doubt as to whether in this
phase of his answer Mr.. Smith has been
entirely frank with the committee
Neither Mr.. Milverton s letter nor Mr..
Smith s letter contain any of the usual
indicia of being private or personal
letters. Both contain the usual indicia
of being official letters
The report closes with the following:
THE RESULT.
"In view of the finding OF absence of
realization at the time of writing the
letter that an infraction of the ethics
of the profession was being thereby
committed, and of the high standing
heretofore had by Mr.. Smith Us mem
Der of the bar, we suggest that expul-
sion from the association would be too
severe 4 course and recommend that
no further steps, other than an adop-
tion of this report be taken in the mat
ter. This recommendation is subject,
however, to the ruling of the associa-
tion as to whether the more lenient
course is permissible under our consti-
tuition. If the association shall be of
the opinion that Section 4 of the Con-
stitution is mandatory, it will, of
course, follow the procedure there pre-
scribed.''
This report was signed by Messrs
Perry and Stanley. The minority re,
port by Mr.. Wilmington was an agree
ment with the concluding paragraph of
the other but he gently roasted Smith
without regard to the stings the proc
ess left. Mainly his report was col
lection of quotations from authorities
bearing on the case. He rather agrees
with Alfred Hemenway and Rufus
Choate that an "attorney's duty to the
community is higher than his duty TO
his CLIENT
SECRETARY ADVISED.
In the discussion that followed few
of the speakers attempted to Justify
the action of Smith; rather was there
an effort made to keep secret the re-
port and the remarks made by the at
torneys. Mr.. Kinney, who was par
ticularly severe in the condemnation OF
Mr.. Smith, preferred that the remarks
of any of the lawyers present be not
published lest it would prejudice the
case of the attorney when the report Is
up for consideration three weeks hence
Judge Highton moved that the reports
and the correspondence lie printed and
distributed among the attorneys. An
amendment to the effect that only at
torneys and members of the associa-
ton be allowed to read the reports
was offered by Thayer but lost by a
large majority.
The reports will be discussed after
they are printed in pamphlet form and
IN three weeks when the association