Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-08-15

Bar of this Court, desiring to RECORD
their tribute to the unfailing courtesy
sturdy honesty and marked ability
with which Chief Justice Frear has
performed the duties of his high OF
/ fee, hereby express their sincere re-
greet at the loss of the services Of
! good and upright Judge whose grea
patience, unremitting diligence ant
| answering devotion to duty has a
all times commanded their apprecia
ton and respect;
Resolved Further, that the member
! Of this Bar tender to Judge Frea
their cordial congratulations upon hi
| appointment to the Office of Governor
of Hawaii, wishing him the fulles
measure of success in his new Office
Resolved Also that copy of thes'
| resolutions be handed to Chief justice
| E'rear
Honolulu, Territory of Hawaii, Aug
ust 10. A. ID. 1907.
W. o. SMITH SPEAKS.
w. o. Smith seconded the motion Of
Mr.. Robertson and to express for the
bar the best wishes of its members
for the success of the new work upon
which Chief Justice Frear was about
to enter.
"The Supreme Court" he said, "has
been the principal pillar upon which
the Government of Hawaii has rest
ed The country owes great deal tC
The Supreme Court for its guidance
and the work it has done in the past
You may rest assured, Mr. Chief JUS
tice, that you may relic upon the as
sistance of the lawyers"
Mr. Smith rehearsed the catalogue
of the various members of the SUI
preme Court during his time, stating
that "it is with pleasure that we look
back upon the record"
d. L. Wilmington followed w. o
Smith in an address in which he con-
graduated the Territory upon its new
Chief Executive.
HARTWELL'S ADDRESS.
Justice Hartwell addressed Judge
F'rear substantially as follows:
Chief Justice Frear, allow me tC
express to YOU my appreciation OF the
courtesy and consideration which
nave received from you while asso'
ciated with You here. During all OF
that time in assigning the cases of the
court you have been in the habit OF
consulting the preferences of your as
socates. In conferences you have
carefully avoided any attempt to dom.
mate results. On the contrary, 1t has
been your habit in matters Of any
doubt first to ascertain the views OF
your associates, Withholding youl
final conclusion until full discussion
and until you had made careful
study of the record and of every as.
pect of the case. This power of sus'
pending judgment until the facts anC
che law applicable to them are vel
considered is one of the highest quail.
ties of a judicial mind. Your habit
useful to the Territory in the per-
Torrance of your duties as it's chief
executive. Your course as Governor
of Hawaii, as well as that of Governor
Carter, will alike justify your alma
mater of Yale in saying, 'Quae regio
in ferris nostri non pena labors.'
you will long be missed from this
bench over which you have presided
with dignity and wisdom, and to the
decisions of which you have given an
amount Of learning and industry I'M
surpassed by any Of your predecessors
May success attend YOU"
JUSTICE WILDER.
Justice Wilder spoke next. 81 fully
approve of the remarks made by JUS
tice Hartwell,' he said. THE result
of my various associations with Chief
Justice Frear is that the more I have
seen of him the more I have admired
his justice and tact. Personally l am
sorry to lose him from this Court"
Frear rendered his resignation from
the Court in a few words, and Hart
well was then sworn in as Chief JUS
tice by Justice Wilder, who after
ward swore in S. N Ballou as Asso-
ciate Justice.
The new Chief Justice ordered that
the resolutions of the Bar Association
and also the oaths of Office of himself
and Justice Ballou be made a part OF
the records of the Courts.
Following this order, an address
was made by A. Lewis in which he
spoke in very complimentary terms OF
the qualities of the men who have sat
Tpon the Supreme Bench of the Ter
ritory. ''This days installation" he
said, marks the beginning of the
forging of new link in the chain OF
history"
On behalf of the Bar Association he
expressed regret that the Supreme
Bench should lose its Chief Justice.
who he said, however, would not be
lost to the Territory. He also ex-
pressed the good wishes Of the Bar
Association for the new Chief Justice
and Associate Justice.
w. A. Kinney followed Lewis in a
reminiscent address in which he told
of his association with Chief Justice
Hartwell for many years. Concerning
Associate Justice Ballou, he said that
his name was the only one put up for