Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-03-24
COURT DISCUSSES
QUESTION OF
DISQUALIFICATION

The Supreme Court yesterday after.
noon decided to set for Monday the
hearing OF the question whether an In
formal opinion OF Justice Of the Su.
preme Court upon an Act of the Legis-
lature before its passage disqualifies
him from afterward sitting 10 construe
such Act. this point having been raised
by Judge Gear In the Higashl habeas
corpus case. AS both Wilder and
Hartwell denied having ever approved
of the bill. the question has narrowed
down to the Chief Justice.
In order to get the matter plainly OF
record, the Justices made the follow.
ing statements:
Chief Justice Frear--"Accordlng to
my recollection approved Act 80 OF
the Laws OF 1905 before It's enactment.
To what extent approved II, or to
whom, or when, | do not recollect. |
do not remember having given II care
full consideration. except that | was IA
miliar at that time with the difficulties
which this Act, together with other
acts, was intended to obviate. because
those difficulties had been presented
at length through argument to the
court IN previous cases.
II do not recollect having expressed
an opinion as to the effectiveness OF
this Act, as to its being sufficient to
accomplish Its objects, as distinguish.
I'd 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 Uther members OF that com
mjttee, called upon me In regard to
various bills. which we're discussed by
us. In my report to the Legislature
recommended some legislation OF this
character
Justice Hartwell-'I DO not recollcct
having ever seen the bill, Act so, be.
| fore II was enacted, or that ever ex'
pressed any opinion TO any person
about It's validity or legal effect. In
the Goto case last year, case In
which sat-a case which became
very important-I discussed the neces'
sity OF changing our laws in conform
ity with the decisions Of the United
States Supreme Court. certainly
thought that the laws ought to be
changed and | do not remember par
tlcuarly all with whom | discussed
the matter. remember saying that
\ legislation ought to be prepared and
cover the whole ground. and suggest
ing the question OF whether one bill
would not cover the whole ground.
remember seeing Mr.. Andrade and Mr.
pckey In the Office OF the Chief Jus
tice but can not recollect what bust
ness they were on. Possibly Mr.. An
drade thought | was taking part In th'
consideration of the bill"
Justice Wilder-"Prior to the enact
ment of this Act 50 and while was |
member of this court never consider
ed II carefully or otherwise, either a
II he form of the bill or otherwise.
could not have rendered an opinion ol
the form, as | had never seen IT,"
During the discussion OF the matte
Judge Gear remarked that the decision
In the Motley case, holding that Hart
well was qualified, In spite OF his hay
ing been counsel for one OF the con
testants, was. in his opinion, wrong
This led Hartwel to state his position
in the matter.
"The idea was so repellant to me,
he said. that ! was within an ace o
reslpning from the bench. II was onl.
my firm conviction that the law com
PEELED me to sit in the case which dc
Cided me-"