The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-06-15

| Chief Justice ended and his career az
Governor began on August Is, 1907
With this change his position in the
community was greatly altered. The
present situation is that you of the
community are now the judges, while
he of the executive is the advocate.
am associate counsel, and only talk
when | am told to-as tonight.
In ordinary courts, a longer time
generally elapses between the begin
ming of a case and its final determine
ton, than is allowed in this case, since
Governor Frear has only had since Au-
gust -, 1907, till now to lay his case
before you for consideration. But /
feel assured that whatever complete
ness is wanting in this submission will
not matter. You will take into consid-
Grafton his record before he took office,
as well as what he has already accom-
plised in office, as an indication of his
peculiar fitness and ability to carry on
the chief office of the Territory; and
| am further assured that your decis-
ion will not be garnered with mi
nority report, but will be unanimous.
On August Is, 1907, during the cere-
monies of the farewell given by the
Bench and Bar to Governor Frear,
Chief Justice Hartwell, in his address,
struck the keynote of Governor Frear s
character when he stated, referring to
the mental habits of the retiring Chief
Justice: "This power of suspending
judgment until the facts and the law
applicable to them are well considered
is one of the highest qualities of a
judicial mind. Your habit of careful
deliberation will be very useful to the
Territory in the performance of your
duties as it's chief executive"
If this power of suspension of judg-
ment is remarkable in the exercise of
judicial duties, it is all the more re-
markable in the exercise of executive
duties. In the halls of justice there is
a certain precision in procedure,
steady and thoughtful march toward
ultimate results. One matter follows
another in orderly sequence, and each
matter is taken up and considered
carefully and deliberately by itself. No
one would think of trying to hurry the
judges The decision is never ques-
tioned-that is, in court. Rehearings
are difficult to get and involve a long
procedure Decisions have fatal
finality about them.
In the executive ofTice, on the other
hand, matters do not come in one by
one, nor in any regular order, nor in
conformity with any particular proce-
dure. They come in twos and threes,
in skies and sevens, and sometimes by
the dozen. There is no calendar.
Everybody thinks he has the right of
way. Many broths have to be cooked
at one time. There is nothing essen
TALLY fatal about a final decision in
every case. Rehearings are easy to get.
But perhaps the greatest difference be-
tween the judicial and executive posi-
tions lies in the fact that the execu-
tive position embraces a very much
greater range of subjects and touches
many more human interests, social and
political, than the judicial position
Chief Justice Hartwel was very
right when he said: "'Your habit of |
careful deliberation viii be useful in /
your duties as chief executive" So also
has been the Governor IS judicial train I
ing and habit of thought. His work is
precise and deliberate; his mind weighs |
each matter carefully and fully; his
are judicious, temperate and
fair. Above all, his ability to listen is
All kinds of motives and
influences are at work. To all, good,
bad and Indifferent, he listens atten-
lively, with patience and with that in
bred courtesy that is impossible to cul-
tivate He is a serious man, who ap-
preeiates the dignity of his office, but
never forgets that he is the servant of
the people.
This, however, is not the only side
of the Governor s character. He has
a quiet and incisive sense of humor,
which comes out at the most unexpect-
ed times As an illustration of this
side of his character, I will cite an in
cident or two.
Just after the Governor s return
from his first trip to Washington, the
Chief Justice called upon him. Some |
little while previous the Chief Justice
was unfortunately bitten on the thumb |
while trying to separate two fighting
dogs. The Chief Justice offered his
left hand to the Governor, his right |
being bandaged. There was slight /
pause, when the Governor remarked: |
''Well, Judge, how is that dog gone
finger of yours?'
Having an Acknowledgement and a !
lawyer Secretary. our lawyer Governor /