The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-03-09

say few parting words to the menu
bers OF the bar.
when came upon this bench, June
IA, 1894, thought I should be for
tunate Il served through the term for
that carried me two years across the
scriptural limit OF three score years
and ten; when received the appoint
ment to I'LL the vacancy caused by MIR.
Frear's resignation, August 10, 1907,
It occurred to me that Mr.. Roosevelt,
for once, was going back on his own
record as to the age for efficient pub
lie service. l am now retiring before
the end Of the term of my second APP
pointment, knowing no public reasonI
which requires me to remain, and on
the contrary thinking That a youngerI
person than myself will more readily
adapt himself to conditions which
often require of the older man the lay
ing aside of long cherished opinions
and theories; and further that it is
well not to risk staying until one may
lag superhuous on the stage
I'm my experience here during these
years there is much that l recall with
pleasure and satisfaction. When 1
came on the bench l found 161 cases
on the calendar. Now every case
which has been argued has been de
cided. There are ten cases on the
set for argument Criminal appeals
which often were brought on frivolous
or absurd technicalities are now very
seldom seen and the same is true to
considerable extent of appeals in civil
cases. The experiment of county
government brought upon this court
the extremely delicate task of recon
, Cling some Of it's important provisions
with certain requirements of the Or
ganic Act, of defining certain of the
powers and functions of county officers
and, in one instance, Matsumura ".
County of Hawaii, ascertaining the liza
bility of the county for losses result
ing from negligence of it's employees.
l am glad that this first attempt at
local self-government was not wreck
ed by judicial decision and henceforth
must depend for it's success upon the
intelligent and honest efforts of the
citizens of Hawaii.
Another and very important thing
which l have not failed to observe is
that the standard of professional
ethics of the bar has shown steady
and marked improvement; briefs are
as a rule prepared thoroughly and ar
gued with precision; there is less at
tempt at rhetorical display and more
readiness to grapple with the admitted
difficulties in the cases than formerly.
For TINS invaluable service which you
gentlemen of the bar have rendered to
the administration of law whilst have
been upon this bench l am grateful to
| you; also beg to thank you for the
| perfect courtesy and kindness of your
bearing towards the court. You have
laid aside in argument all exhibition OF
personal feeling towards each Other
and in a manly and sincere way have
sought to meet the direct questioning,
which, at the risk of disturbing an or
derby line of argument, has become
the habit of the court.
"In the history of the Hawaiian bar,
as 1 have known it for forty-three
years, there have been remarkably
few instances of lack of integrity, and
of late years, sucn instances, when
ever they have occurred, have receiv-
ed your stern disapprobation express
/ ed in no uncertain terms. The new
men coming to us from Harvard, Yale,
: and other law schools, bringing with
them high ideals of conduct. have aid
! ed in establishing unwritten rules OF
. professional honor which do not fall
shore of the rules prescribed by the
American Bar Association. And after
all it is the unwritten law which with
bench and bar alike is the most effec-
tive in keeping the administration of
law above reproach or suspicion.
From long experience at the bar
l know that it is too much to expect
that adverse decisions do not cause
dissatisfaction, but nope it is not too
much for me to believe that you have
relied upon me to rule the law i'm
partially without fear, favor, affection
or hope OF reward. Whether all OF
the decisions in which have parti,
cipated will stand time alone can tell
have given them, however, the best