The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-04-09
WHITLEY NOT
EXONERATED
Continued from Page oneJ


IMPEACHMENT NOT WARRANTED.
THE conclusion of the committee de-
duced from the memorial from the exa-
mination of petitioner and from our
construction of the presidents of i'm
parchment trials in the United States
is that the actual facts charged IN the
said memorial, even though establish
ed by competent legal evidence, would
not justify a conviction of Judge viii
fey upon charges of impeachment be-
fore the United states Senate, and
would not, therefore, warrant a presen'
tation by the House of Representatives
of such articles of impeachment
Among the charges brought against
Judge Whitley, was that he exceeded his .
authority in prescribing examinations
to be taken by attorneys desiring to
practice in his court, notwithstanding
they had been admitted to the highest
federal courts of the United States and
were possessed Of fair reputation. The
committee finds that it is within con-
I stitutional power of courts to frame
] ulOo GONtA llllle5 w ~ tlNNANN
As to the charge that in the face OF
the establishment of this rule by him
self Judge Whitley did not require his
alleged favorite, United States Attorney
| Bassett, to take the examination, but
permitted him to represent private liti
giants before the court on the strength
of his superior right to practice in be-
half of the government. the committee
finds that the failure to apply the COM
mon test of examination to Mr.. Bassett
was obnoxious, irregular and unlawful,
but that it was mistake of judgment
and not actuated by corrupt motive.
Regarding the charge that Judge
Whitley maligned and slandered the
Shanghai bar, the committee finds that
if he did so that was a personal and not
a judicial act.
Discussing the charge that Judge
Wiley used the threat of disbarment
to persuade Mr. Andrews to dissolve
his law partnership with Attorney
Brooks, a man low in the judges re-
gard, the report says:
AL tNlOllBb hbOll IllN PAL VI q JhNtnN
to coerce an officer of his court to his
will by a threat of disbarment would
be an offense of the gravest judicial
character"
, IGNORANCE OF LAW.
The charge which appeared to the
committee to be the most serious of all
the twenty-nine was that Judge VIII
. fey permitted the prosecution and con-
% viction of an American in Shanghai on
J, the felony charge of assault with a
), deadly weapon, when the assault IN
d fact was committed with an unloaded
5, revolver and hence was merely what
/. the law defines as a simple assault; and
d that after conviction he refused to ad-
). nit the defendant to bail pending ap-
l. peal, but kept him confined in cell for
nine months. The committee finds
that this act of Judge Wiley proceed
ed from ignorance of the law and not
- from the malicious motive assigned by
- his accusers; and that though ignOr-
% ance of the law does not excuse a male.
- factor before a court, it does preserve
>. the judge from impeachment in the alb.
sence of evil intent"
L The report says in commenting OF
y the charges:
: 1T is obviously true that an ag
" gregation of entirely legal acts may de
u veop into a system Of tyranny and op
" preston; and that an inequitable oxer
10 else of judicial discretion may CONVEX
Ne the machinery of justice into an engln
= of despotic and autocratic power. Thi
H. may be accompanied without the tain
y of individual corruption and with
Il laudable purpose of purifying com
H. munity and of inaugurating civic re
IN form.
ut Terror to eyil-doers, if purchased a
Z the price of judicial fairness and ever
3D. strained legal authority is achieved {
% too great an expense, for it defeats il
er own high aim and warps the yer
fabric of the law itself
y The temptation of an honest judg
as to bend once the law to his authorit,
to do a great right, do a little wrong
'e- is fraught with such danger to on
Die whole system of remedial justice thu
or it must merit the condemnation {
lea every mind.
FITS BASIS OF THE CHARGES.
tut Such acts of legal oppression an
ia of abuse of judicial discretion lie ;
mt the foundation of these charges. The
an are made before the House Of Repr
re- sentatives in the form prescribed
al law and custom and are presented as
''y question of high privilege upon Il
'u solemn responsibility of a member
70" the House. Charges as presented
ne ganst this court have a peculiar al
''nt dangerous significance. In this ca
led ."'' - - 49,. ;.