The Hawaiian gazette., 1908-06-16

Governor Frear's term of office as
Chief Justice ended sad his career as
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, longer time
generally elspses between the begin
ming Of case and its final determine
ton, than is allowed in this case, since
Governor Frear has only had since Au-
gust 10, 1907, till now to lay his ease
before YOU for consideration. But 1
feel assured that whatever complete
ness is wanting in this submission will
not matter. You will take into eonsid-
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
l am further assured that your deeis-
ion will not be garnered with mi
nority report, but will be unanimous.
On August Is, 1907, during the eere-
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
elaboration will be very useful to the
Territory in the performance of your
duties as its chief executive"
If this power of suspension of judg
ment is remarkable in the exercise of
judicial duties, it is all the more re-
narkable in the exercise of executive
duties. In the halls of justice there is
l CERTAIN precision in procedure, a |
steady and thoughtful march toward
Ultimate results. One matter follows
another in orderly sequence, and each
natter is taken up and considered
.arefully and deliberately by itself. No
,ae would think of trying TO hurry the
Judges. The decision is never ques-
ioned-that is, in court. Reheariugs
ire difficult to get and involve a long
procedure. Decisions have 3 fatal
inality about them.
In the executive office, on the other
and, matters do not come in one by
ne, nor in any regular order, nor in
Uniformity with any particular prOee-
ure. They come in twos and threes,
4 skies and sevens, and sometimes by
he dozen. There is no calendar.
very IuuN Nuluhs ne has Inc ElSuL VI
ray. Many broths have to be cooked
{ one time. There is nothing essen
tally fatal about q final decision in
very ease. Rehearings are easy to get.
'ut perhaps the greatest difference be
xeeu the judicial and executive posi-
ions lies in the fact that the exeeu-
i've position embraces a very much
reater range of subjects and touches
ANY more human interests. social and
official, than the judicial position.
Chief Justice Hartwen was very
ght when he said: ''Your habit of
ireful elaboration will be useful in
our duties as chief executive So also
As been the Governor judicial train
g and habit Of thought. His work is
-eeise and deliberate; his mind weighs
.eh matter carefully and fully; his
,nelusiOns are judieious, temperate and
III. Above all, his ability to listen is