The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-03-24
HARTWELL NEAR
A RESIGNATION
ASSOCIATE JUSTICE HARTwELL
RELUCTANT TO SIT IN THE NOT
LEY WILL CASE.

The Supreme Court on Monday will
take up a phase Of the Higashi habeas
corpus matter which may lead to a re-
hearing Of the question of disqualif-
cation of a justice recently decided in
the Motley will case. Yesterday after
noon Judg4 Gear raised question of
disqualification of all the court, on ac-
count of judiciary Committee report
in the House Journal for 1905, to the
effect that Act SO, which is involved
in the case, had been carefully con-
sidered by members of the Supreme
bench, and approved.
From the statements of the justices
yesterday it appeared that Chief JUS
tice Frear was the only one who dis
cussed the matter with the House Ju-
dietary committee, and he did not re-
collect that he had given it careful
consideration. The Motley decision was
brought up, and Justice Hartwell said
it was so distasteful to him to sit in
that case under the circumstances,
that he had been within an ace of re-
signing from the bench. Under the
statute, however, he had not been able
Justice Wilder said he would be
glad to hear further argument if Gear
wanted to present it, and the matter
was set for Monday morning, at which
time the Motley decision may be fur
ther considered. The statements of
the justices, as to how far they had
given Act SO consideration while the
Legislature was in session, were as fol-
lows:
Chief Justice Frear-"According to
my recollection 1 approved Act SO of
the Laws of 1905 before it's enactment.
To what extent 1 approved it, or to
whom, or when, I do not recollect. I
do not remember having given it care
full consideration, except that 1 was
familiar at that time with the diff
cutes which this Act, together with
other acts, was intended to obviate,
because those difficulties had been pre-
scented at length through argument to
the court in previous cases.
81 do not recollect having expressed
an opinion as to the effectiveness of
this Act as to its being sufficient to
accomplish it's objects, as distinguish
ed from an expression of approval as
to the objects of the bill on several
occasions during that session of the
Legislature Mr.. Andrade, chairman of
the Judiciary Committee of the House
and also other members of that COM
mittee, called upon me in regard to
various bills, which were discussed by
u.s. In my report to the Legislature
l recommended some legislation of this
character"
Justice Hartwell-"I do not recollect
having ever seen the bill, Act So be-
fore it was enacted, or that I ever eX-
pressed any opinion to any person
about it's validity or legal effect. In
the Goto case last year, a case in
which sat-a case which became very
impOrtant-I discussed the necessity of
changing our laws in conformity with
the decisions of the United States SUI
preme Court. I certainly thought that
the laws ought to be changed and I
do not remember particularly all with
whom I discussed the mater. re-
member saying that legislation ought
to be prepared and cover the whole
ground, and suggesting the question of
whether one bill would not cover the
whole ground l remember seeing Mr..
Andrade and Mr.. Dickey in the office
of the Chief Justice but can not rscol-
lect what business they were on. Pos
sibly Mr. Andrade thought l was TAX
ing part in the consideration of the
bill"
Justice Wilder-"Prior to the enact
ment of this Act SO and while 1 was
member of this court l never con-
sidered it carefully or otherwise, eth
er as to the form of the bill or other
wise I could not have rendered an
opinion on the form, as I had never
seen it,"