The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-22
HANDED A HOT
ROAST TO PETERS


CONTINUED from Page Oue)
amy order that is not absolutely ex
of opposing counsel $50 that if there ls
any objection Sc may be- presented.
There are many reasons for this rule
I'm the first place each counsel IS alive
60 the interests he represents; De has
them fully iu hand, or at least should
have. and the court is not giving any
special or particular attention TO either
side: and a counsel approaching the
court can very plausibly and clearly
make it appear that It is perfectly
proper for the judge to comply with
his requests, the judge not being alive
to an the matters and things involved
I'm the pending litigation. For those
reasons it is necessary and proper that
the other side should also be represent
ed at the time.
There is some question I'm my mind
whether or not l have any power or
jurisdiction to set aside this nterlo-
cutOry ruling that 1 made at the re-
quest Of Mr.. Peters on the 14th Of Jan
best to do so; will do all that is i'm
my power to set it aside, and if that
result is not accomplished it will not
be my fault. 1t may be that 1t is in
the Supreme Court; possibly it is be-
yond my reach; but I will endeavor to
reach it and if I fail why that is all
there is to it,
After this when any paper, order or
any request is made or presented by
any attorney l shall simply direct him
to submit the matter to the opposing
counsel and have it properly and reg
ularly presented. Sometimes, possibly,
when an attorney obtains a ruling in
his favor, the decree is signed in that
way, without the attorney, opposing
attorney, o. King it, but it is rather
an unheard-of thing for one attorney
to prepare the decree for the other side
as in this case. This is the SECOND
time that Mr.. Peters has done that; !
signed for him once before, but the OPP
posing counsel raised no question Il
impressed me that it was rather pecu-
liar, but it was in strict accordance
with the decision 1 had rendered, and
strict accordance with it ! signed It. It
might be that if the opposing counsel
i'm that case had raised the question
they might have brought to my atten-
ton that what appeared to me to be
in strict accordance with my ruling
was not so after all, just as in this
case I can observe now that this inter-
locutory order does not accord with
the opinion that I rendered.
Il am not speaking Of the strict le-
gal right There are a great many
things that an attorney, strictly and
legally speaking, has a right to do, but
is it always in accordance with the
finer and better principles of, profess
sional practice and etiquette? It is
one thing If a man justihes his acts
simply by strict legal rules, but if he
undertakes to justify them by those
finer, higher and nobler principles and
those which should always mark the
practice of the law, that is another
matter. I am taking the latter view;
am not saying that perhaps legally
and strictly speaking had a right to
present it. and legally and strictly
speaking he had a right to sign it,
without the presence or hearing of the
other side, but It is not that practice
which tends to the pure administra-
ton of justice.
This matter has been argued and I
have all the facts that occurred; they
were all before me. II a man commits
contempt of court right before me I
do not require any evidence. In this
case the paper was presented to me
while the court was in session and the
jury was in the box, and saw every
thing that occurred. Here was a mo-
ton which was not substantiated by
any argument, which was not even
presented to opposing counsel. 1t is
self-evident to my mind that it was
improper to present it, and, as I say,
l will take all the blame that attaches
to me for signing an order under those
circumstances. 1t may be that l was
as much to blame as Mr.. Peters"
This is the way that the Attorney
General comes back at the Judge:
Il am at loss" said Peters "to un-
derstand what actuated the remarks of
His Honor Judge De Bolt, when deliv-
ering the decision on the defendants
objection and protest to his hearing or
determination Of the motion by COM
plainant to vacate and set aside the
Interlocuroty Decree and order permit
ting an InterlocutOry Appeal there
from.
The Territory, as well as any pri-
vate individual, has a perfect right to
stand upon its strict legal rights. And
the Judge, in his opinion, practically
admitted that all the acts ruken by this
Department I'm the securement Of the
Interlocutory Decree and the Order
permitting an InterlocutOry Appeal
therefrom were within its strict legal
rights. 1t certainly cannot be consid-
| cred one Of the judicial functions OF a
&HNIHHHtRHt1H&1&1%&&H1&1@