The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-02-07
Candidacy for Chief Iustlceship
Subject Of Longest Gable
From Here.
GIVES MANY YEARS RECORD
Smith Arrives in Washington
and viii Confer With
Judge Hatch.
(Ffom Mondays Advertiser.)


One of the longest messages ever sent
to the Coast through the local cable
Office was dispatched yesterday by the
supporters of Circuit Judge Henry Z.
Cooper as the successor to Chief Jus.
tice A. S. Hartwen, who will resign
from the supreme bench the last of this
month.
The cable gave a synopsis of the sta
tistics of Judge Cooper's judicial rec.
ord, the full report on his activities in
both the circuit and supreme courts and
in the attorney generals Office being
forwarded by mail.
This action places Judge Cooper
more prominently in the race than pre-
viously. His supporters claim that
many persons, and particularly the
younger members of the bar assoeia-
tion, are overlooking his record on the
Circuit court bench seventeen years ago.
The statistics outlining his decisions,
cases handled, appeals and disposition
of appeals are given in full in the
mailed report and almost in full in the
cable. These figures include his work
at the time ne was second Judge, as
well as at the present, when he presides
over the criminal court.
Seventeen Years Ago.
A total of 4s5 cases were handled by
Cooper during the period between
March, 1898, and November, 1895, dur
ing which time he was second Judge
of the first circuit, according to the
report and cable. Of these cases, fifty
four were appealed, and the decision of
the lower court sustained in forty.four
cases and reversed in ten.
In one of the cases reversed a dis
senting opinion was filed, and in sew
eral others law points were confirmed
but sentences modified. The greatest
number of reversals were made in civil
law cases, where six of his decisions
wer reversed, but seventeen were con.
firmed. Out of ten equity cases APP
pealed, none of his decisions were re-
versed. Two decisions in criminal cases
at that time were reversed, out Of 119
decided.
And Today.
Up to the present time, Judge
Cooper's term as first judge of the first
circuit has resulted in 100 convictions
in criminal cases. Four of the cases
have been appealed and none of the APP
peals sustained. In one appeal the SEN
tence of the lower court was confirmed
in regard to six of the defendants, but
three were granted a new trial.
AS attorneys general, continue the
hackers of Judge Cooper, he was emf
nently successful during his short term
in that office, presenting personally
twelve cases before the supreme court.
AS an Executive.
A synopsis of that portion of the re-
port which has been mailed, which re-
lates to Judge Cooper's career in the
executive department, is given as fol
lows:
"While in the executive department,
Judge Cooper appeared before the
courts in many important legal con-
troversies. In the case of Sanford B.
Dole and George R. Carter against
Henry q. Cooper, superintendent of
public works, which was an application
for writ Of mandamus against him
to compel him to transfer all matters
belonging to the superintendent of pub.
lie works to the board of public insti.
tutions provided for in the first county
act, Mr.. Cooper's contention was sus-
tanned in the supreme court which re.
suited in the failure of the first county
act.
"Judge Cooper was then appointed
by the Governor as chairman of
bpcC4dl COmHlSSlOu 10 uIdW duOGnef
county act. This was done and after
it had been passed by the legislature,
an action was brought by W. r. Castle
against the secretary of the Territory
to test the validity of the act. In this
action the validity Of the act was sus-
tanned, Judge Cooper appearing for the
county act"
Smith in Washington.
W. o. Smith, secretary of the plant
ers' association, who left for Washing
ton two weeks ago in a great hurry and
against his own inclination, arrived at
the national capital yesterday.
1t is presumed that he win at once
take up the question of Judge Hatch IS
candidacy for the chief justiceship
with Judge Hatch himself. The latter
is waiting for this conference before
deciding, and the decision might be
further delayed by the fact that Mrs.
Hatch is seriously III.