The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-08-16

SIDNEY MILLER BALLOU. ASSoCI
CoU.
been your habit in matters of any
doubt first to ascertain the views of
your associates, withholding your final
conclusion until full discussion, and
until you had made a careful study
of the record and of every aspect of
the case. This power of suspending
judgment until the facts and the law
applicable to them are we'll considered
is one of the highest qualities of ju-
dicial mind. Your habit of careful de-
liberation will be very useful to the
Territory in the performance 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 say
, ing, 'Quae regio in ferris nostri non
plena laboris.'
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
|
May success attend YOU
Justice Wilder added a few words to
those of Justice Hartwell. He said:
| II fully approve of the remarks made
by Justice Hartwell. The result of my
various associations with Chief JUS
tice F'rear is that the more I have
seen of him the more. have admired
his justice and tact. Personally 1 am
sorry to lose him from this court
HARTWELL SWORN IN.
Justice Wilder then administered the
oath to Justice Hartwell, which made
him Chief Justice. The newly created
Chief Justice then administered the
oath in turn to Mr.. Ballou, after which
the members of the new Supreme
Court seated themselves, the Chief
Justice in the middle, an Associate
Justice on either hand and Judge Dole
and for the time being Mr.. Frear, on
either side.
The first official order of the Chief
Justice was to direct that the opening
remarks of Mr.. Frear, the resolutions
of the Bar Association and the other
addresses of the occasion be entered
upon the records of the court.
A number of addresses of congrat-
ulation to the new members of the
Supreme Court, containing also ex-
pressionS of regret that the court was
to lose the services of Mr.. Frear, were
made.
w. o. SMITH.
W. o. Smith spoke as follows:
May it please the court, 1 rise to
second the motion made by Mr.. Rob-
ertson, and in so doing desire to ex-
1 press my own high regard and ap-
!. probation, and my own feeling of re-
! gret, as has already been voiced by
Mr.. Robertson, on your retirement.
] But this is not an occasion of mourn
/ ing and sorrow and the best wishes of
| the bar, individually and collectively,
] will follow you to the new responsible
tiles and duties upon which you are
about to enter.
| The Supreme Court of these islands
has had a great history in the events
/ of this little country, which in the
past have been of very grave moment
| and of very serious Importance. The
! Supreme Court, as said by DIR. Alex
ander in his history, has been the
/ greatest pillar of the government.
Many times in the past it has been
| the reliance of the community; the
community has relied upon the SUI
preme Court as the final check, the
final arbiter, to which they could look
for safety. for protection and for help.
Every year, every epoch brings these
issues and this care. There are ques-
tons now; there will be more in the
! future. But there are certain classes
of issues. questions and responsibilities
which the court in the past, under the
monarchy, and when we were a re-
| public, when we were still an indie
pendent government which do not
arise now; questions which taxed the
| judgment of the court very greatly
| and which we, in looking back upon
it, can say that the country is to be-
congratulated and owes a great deal
to the Supreme Court for guidance, to
the work as done in the past. You
may rest assured, Mr.. Chief Justice,
as you enter upon your new duties,
| that the best wishes of the bar and
the members of the bar will follow
you, and that you can depend upon
| them ever and at all times for any
assistance which you may desire OF
them.
| The lawyers in every country. and
in this country especially, have ever
had a great deal to do with shaping
its destiny, and they will have in the