The Hawaiian gazette., 1909-03-30
BAR MEMBERS
FOR HOME RULE
Crrom saiurda, :, Ad,ertI.erl

pointment Of Second Judge Of the TN,
ted States District Court for the Ter
utory Of Hawaii, and Of United state,
District Attorney for Hawaii, A il 70
ported that efforts are being made ;,
nave named for one or both OF these
omces persons who are neither citigeu,
nor even residents Of Hawaii; and
whereas These efforts do not eman
ate from the Hawaiian community
whose interests are concerned. but have
been made by persons outside Of Ha-
wall and without due consultation with
and against the wish Of the people OF
this Territory; and
whereas, There are no Just consider.
auons which require In the premises a
different policy toward Hawaii from
that applied 70 the States Of the Amer.
lean Union, but fair consideration OF
conditions here justihes the choice of
local men for these and similar Offices;
and, also
Whereas, By reason of the fact that
for nearly three-quarters of a century
Hawaii has maintained a judicial sys.
TEN and system Of court practise found
cd ON the common law and administer
ed In the same manner as prevails in
the Federal courts and in the courts
OF the older States, there has develop
ed bar trained in the prevailing Amer
lean system OF law practise and court
administration and a bar of sufficient
numbers to furnish competent men for
all offices of the judiciary and those
ofhces such as United States Attorney
having to do with the administration
of justice in Hawaii; and
Whereas, The status and condition of
Hawaii when 1t became part Of the
United States, was 80 different from
that of other territory acquired by the
Federal government as to win for these
Islands at once ON organization Of local
government the appointment of Hawai-.
ian residents to very nearly all Offices,
and that since then the exceptions that
were made at the time of annexation
In the case of the United States DisA
trict Court and the department of the
United States Attorney for Hawaii have
not continued to be made as vacancies
occurred but members of the Hawaiian
bar have been chosen to fill such vacan-
cies;
Be it Resolved by the Bar Association |
of the Hawaiian Islands, That in no !
case should these or other similar of. I
fees in the Territory of Hawaii be filed /
by non-residents when, as now, there
are here available men to fill the same
ably and honorably and to the satisfac-
tion of all; and
Be it Resolved, Further, That copy
Of this resolution be sent to the Presi-
lent of the United States, the Attorney
General of the United States, the Presi-
lent of the Senate, the Chairman Of
The Judiciary Committee of the Senate,
he Governor of Hawaii, and the Dele
gate to Congress.
The Bar Association of the Hawai-.
an Islands went on record yesterday
afternoon as opposed to the nlling of
positions of Federal Judge and U. S.
District Attorney with persons not cit.
Zens or residents of the Hawaiian Is.
ands, and SO cabled to President Taft.
The resolutions given above, offered by
:. F. Clemens, and seconded by George
Davis, who added an amendment, were
Idopted.
In the absence of w. A. Kinney, :
Who was unable to be present, A. G. ,
VI. Robertson assumed the chair, with ,
". A. Greenwich as secretary. The
after read the call for the meeting
which was to consider the above reso.
ution, which was then presented by :
.. Clemons George A. Davis felt
hat in addition to copy of the reso.
ntion going to the President and the !
attorney General, that the President 9
f the Senate and the chairman of the :
judiciary Committee should also be
furnished with copy. 1t would have
lore weight if sent to these officials. 4
Or. Wilmington said that a second
roposed resolution (Which was finally
truck OUT was Objectionable. This
ectiOn read:
BE is Resolved, further, That this
ssociation, representing the bar of Ha.
'aii and constituting very nearly all
mo practise in its courts, is fairly en-
lt!ed to be at all times directly con. z
nlted in the matter of such appoint.
lents and to have an opportunity to Y
e heard in advance of any action in
he premises. -
Mr.. Wilmington said he did not know il
+ any part of the United States where a
ne habit is followed of "drectly con- a
llting' on matters of appointments n
hat portion of the resolution, Mr. u
Wilmington averred, was open to seri. e
osed TO the star-chamber method of 81
iving men appointed to Offices of this t,
errltory, as any one, but the only
ONT he wanted to make was that he t.
fought it Objectionable to saw that il
he Bar Association should be "direct. t,
consulted before any appointments Il
,uld follow. -,
j, A. Mngoon said he did not think II
WEI took enough interest in the mat. ri
U OF the appointment of judges to h
awail. Whenever there is vacancy, 7,
thought the Bar Association should m
Ike action, but he thought the pres. a
1t resolution under discussion should al
limited to judicial officers, and not n
yolve other positions.
NJ. +. Prosser did not think the Bar OF
ssoeiation was trying to be dictate. +
al, hut he felt the Bar Association A
ould be consulted in regard to such +
'pointments. He did not think it W
.lr to the attorneys or their clients G
It to have some knowledge or say "
to appointments. He felt that the Sc
solution was all right owe ought "
have some say as to who the Judges n,