The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-03-10
CHIEF JUSTICE
ROBERTSON IS IN
CONTINUED from Page one,j


filled with American Beauty roses,
which had been sent by Mrs. Frear to
the retiring judge. The latter opened
the proceedings by addressing the
bench and bar:
Gentlemen Of the Bar.-Beforo
| bidding you farewell ofiicially-I am
happy to say it is nothing more than
an official farewell will say a few
words Of those who have preceded me
here, with reference mainly Co their re-
spective terms of office.
During the period Of about sixty
years since the organization of this
court we have had six chief justices.
BY Article so Of the Constitution
of Kamehameha III, granted June IA,
1852, it was provided that tthe supreme
court shall consist of n chief Justice
and two associate Justices and by
Article SO that the chief justice Of the
supreme court 'shall be the chancellor
of the kingdom Under that Consti-
tuition Vim. L. Lee was appointed in
1852 chief justice of the supreme court
and chancellor of the kingdom. The
jurisdiction of the court is defined in
an act relating to the Judiciary depart
ment, approved May 26, 1858, enacted
by the King, the Premier and Mobiles
resident near His Majesty taking ef-
feet, by section "a, from and after
the first Monday of December, 1882
"Mr. Lee had been presiding Judge
of the court of Oahu in 1916, and from
1S47 chief judge of the superior court
of law and equity which had been
established under the third act of Ka-
mehameha Ill, organizing the Judiciary
department, done and finally passed at
the Council House at Honolulu, the
seventh day of September, ,1S47.' Mr..
Lee died May 2S, 1857, and his sue
cessor, Elisha II. Allen, appointed June
4, 1857, resigned while minister at
Washington, January 81, 1877, being
succeeded by Chas G. Harris, first as
soeiate justice, who died July 3, 1881.
ellis successor, Albert +. Judd the
last chief justice under the monarchy,
as well as under the republic of Ha-
wall, who had been attorney-gene
with King Lunalilo and associate jus
tiee from February Is, 1874, died May
90, 1900, and was succeeded by Walter
F. Frear, appointed by President Nc
Kinley, July 8, 1900, resigning August
Is, 1907, to accept the appointment of
Governor. 1t is needless to remark that
no incumbent of this high office has
ever sought for it, either directly OF
| indirectly.
Appointed by Roosevelt.
,"When / came upon this bench. June
IA, 1894, ] thought 1 should be for
tunate if served through the term
for that carried me two years across
the seriptural limit of three score years
and ten; when ] received the appoint
, ment to fill the vacancy caused by Mr.
E FreaT's resignation, August Is, 1907
it occurred to me that Mr.. Roosevelt
for once, was going back on his owl
record as to the age for efficient pub
s lie service.
q 81 am now retiring before the enc
of the term of my second appointment
knowing no public reason which re
: quires me to remain, and, on the con
D trary, thinking that younger person
5 than myself viii more readily adapt
himself to conditions which often re
quire of the older man the laying aside
of long cherished opinions and theo
, ries; and further that it is well not tc
, risk staying until one may lag super
fluous on the stage
In my experience here during these
years there is much that / recall will
! pleasure and satisfaction. When ]
! came on the bench found 161 case,
on the calendar. Now every case which
has been argued has been decided
There are ten cases on the calendar
/ of which "a are ready to be set for ar
gument.
Higher Ethics.
3 Another and very important thing
z which l have not failed to observe il
that the standard of professional ethics
OF the bar has shown a steady anC
D marked improvement; briefs are as ,
t rule prepared thoroughly and argued
with precision; there is less attempt a,
rhetorical display and more READINGS
TO grapple with the admitted difficultie
: in the cases than formerly. For tbi
: invaluable service which YOU gentleme,
of the bar have rendered to the admin
: istration of law whilst I have beel
: lnpon this bench I am grateful to YOU
! also beg to thank you for the perfee
courtesy and kindness of your bearin,
towards the court. You have laid asid
4 in argument all exhibition of persona
feeling towards each other and in
Z manly and sincere way have sought &
= meet the direct questioning which. a
the risk of disturbing an orderly lin
:, OF argument, has become the habit o
g the court
!; Hawaii Bar Upright.
= In the history of the Hawaiian bar
!. as / have known it for forty.thre
y years, there have been remarkably fey
instances of lack of integrity; of lat
years, such instances, whenever the,
have occurred, have received your ster,
s disapprobation expressed in no uncel
tain terms. The new menseominp [
us from Harvard, Yale and1other La
i schools, bringing with them high ideal
of conduct, have aided in establishln
= unwritten rules of professional homo
le which do not fall short of the rule
10 prescribed by the American Bar Asss
n citation. And after all it is the unwrit
ten law which with bench and bar alils
is the most effective in keeping th
Il administration of law above reproac
a or suspicion.
From long experience at the bar
ID know that it is too much to expeS
u that adverse decisions do not cause di
ID satisfaction, but / hope it is not to
" much for me to believe that you hay
a. relied upon me TO rule the law in
-. s.II a.