The Hawaiian gazette., 1911-05-19
Judge Is SquareIy Upon
Side Of Civic
Center.
CAN HE TRY SUIT2
Question Raised That
May Cause More
Delay.
(.loaIaIeApv 3 ipnsInqI moIIl

('1osI1I9ApV g, 6BpsInqL mo1I)
Developments which arose yesterday
in connection with the federal site
question indicate that unless the loca-
ton is changed to the Give center
there viii be more delay than ever in
getting building worthy of Honolulu
and commens lrate with its needs.
The first important development was
the making public of letter from
Judge s. B. Dole, expressing his Opin
ion on the site question and putting
him squarely on the side of the civic
center as against the Mahuka site.
Within few hours of the making
public of the letter cablegram was
received by Delegate Kuhio from Sec
rotary Mcclellan at Washington, stat
ing that Attorney General Wickersham
can not assign California judge to
act on the condemnation proceedings
in connection with the Mahuka site,
which must await Judge Dole's return
October 1.
This means that the attorney-ge general
considers that Judge Dole must try the
case. The question now is whether,
in view of the public expression of the
Judge that he favors one site, win that
be considered as prejudicing him and
making it inadvisable for him to sit
in the matter7
Mahuka Means Delay.
If it does it would appear that there
will be more and indefinite delay-de-
lay of which there does not appear to
be any end while the Mahuka site is
being considered.
A change to location on Palace
square would not only ''clear the air, y
but it would put an end to all chances
of further and exasperating delay.
= Judge Clemens has ruled that he is
barred from trying the suit because OF
the fact that, prior to his elevation tC
the bench, he represented defendants
in the suit. Now, in view of the fact
that question has arisen as to thu
proper place to locate the federal build
ing-and the result Of the condemna
tion suit will have a great deal to d.
with the qlestion-will Judge Dole
public announcement that he is opposed
to the Mahuka site prejudice him o.
disqualify him to try this suitf IT.
a nice question and one which should
have some weight with the public meet
ing which is to be held this afternoon
in the Palace grounds, under tn
auspices of the civic federation to dis
euss the whole subject.
Judge Dole foresaw the change il
public sentiment and, in order to avoil
any question as to his stand in tn
matter of the federal building site, b
left with Judge Clemens a letter ad
dressed to District Attorney Breckoni
Marshal HendIy, Clerk Murphy an
Jadge Clemens, in which he said:
Judge Dole's Opinion
"In leaving Honolulu wish to e1
press my opinion in regard to the IL
cation for the new federal building
The site adopted was never satisfactor
to me, but 1 made up my mind to
and. worked carefully with the ARCH
teet and members of the federal cour
in regard to the plans.
1.-THE later adoption of the plans fo
extending it to Fort street does not in
prove the situation, in my mind, as wit
the removal of the buildings on For
street and placing the building neare
such street, brings it close to the nois
est corner in town, cars passing o
King street and Fort street at an ave.
age of about one car every two minute
or less"
And sfthough originally favorable
having the building on Palace square,
he expresses himself as even in favo
of compromise, if the business me
still feel that that location is too ia
away from the business center, rattle
than to have the court exposed to tn
ineessant noise at the present site undo
condemnation
Serious Question.
This question as to noises as regard
public buildings which are on the lin
of street cars, such, for example, O
the Catholic Cathedral, Central Unto
Church, st. Clements Church and eve
places " hieh are set back from th
street some distance, is considered I
be a very serious one by persons who's
desires, duties and businesB call thei
there frequently. The noise Of passin
ears considerably interferes with heai
ing the speakers in these various publ
and Bemipublie buildings.
Attaches of the federal court VIII
were spoken to yesterday stated tina
the noise made by passing ears inte
teIes even with the present cour
which stands hack a considerable di
taneo from the street, and il would i
terfore 10 a greater extont IN case q
public building erected on the M
huka site.
Even Il the federal court rooms wei
on the Merchant street side Of the M
huka site, atill there would BE- eonsls
oraple n0iee from Fort street cars en-
some from the King street eara. Thel
4. also 3 great deal az n0isa on 30
chant street arising from the 1874