The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-05-08
sTlIABACk REPORT
] IS ACCEPTED BY
Supreme COURT
Justices Deny McCarn 8 Motion TO-
Strike Document From Records
Thieien Charges Dismissed.


Under an opinion Of the supreme
court, written BY Associate Justice r.
r. Quarles and coacurrea in by Chief
Justice A. q. NJ. Robertson and Asso-
ciate Justice T.. M. Watson, fled yes
terday, Attorney General /. M. Stain.
back has won out over United States
District Attorney JEFF McCarn. aud Al
torneys A. s. Humphreys and Joseph
Lightfoot, who appeared for Mr.. Nc
earn, when Mr.. McCarn's motion to
strike from the record Of the supreme
court Attorney-General Stainbacit's re-
port on the Investigation Of the THE
len McCarn charges Of unprofessional
conduct was denied, the attorney gen.
erals report accepted and the charges
dismissed.
The opinion is a lengthy one, cover
ing, with the syllabus, six type-written
sheets II goes fully into the charges,
the answer and the report. The court
believes, contends the opinion, that the
matter is not proper one for further
Investigation and "that the time Of
the court should not be wasted in in
quirlng into the conduct of an attorney
which has been found TO be fair, proper
and within the line of his duty. y
In regard 10 the diamond ring which
Mr. MeCarn took as pledge for the
payment Of fiftysdollar fee from Mrs.
Thfelen for his servires in institutfng
the divorce proceedings, which have
been since discontinued by Mr.. MeCarn,
the court is of the opinion that action
on the part of Mr.. MeCarn was not
illegal or unethical, the court believing
that Mrs Thielen was sane when Me-
earn took up her case and prepared the
libel for divorce. in concluding It's
lengthy opinion the supreme court says:
FThe report Of the attorney general
was responsive TO the request Of the
court and the purpose for which Il was
requested. Some Of the expressions Of
opinion contained therein upon imma-
terial matters should have been left
ont. Where, as in the case here an
Official report is called for by the eotift,
is made, is responsive to the purpose for
which IL is requested, but contains mat
tiers which, in the opinion of n party
affected thereby, are improper, the rem
edy of such party is BY motion to strife
out or expunge the Objectionable mat
ters and not by motion to strike the
entire report. If we should grant the
motion to strike out the attorney gen
erals report, the verified reply Of the
respondent attached 10 said report and
made a part thereof would necessarily
60 out OF the record and leave in this
court only the petition of Mr. Thielen
with the copies OF afiidavits thereto at
taehed. We do not feel justified In
granting the said motion. It is appa.
rent that the respondent feels deeply
aggrieyed at certain expressions in said
report and which seem Inconsistent with
the conclusion reached by the attorney
general We. believe that any fair
minded man who will examine the rec
ord in this ease, including the petition,
the affidavits in support of same, the
sworn answer of the respondent, and
the said report cannot fail to see that
the respondent acted in good faith and
is not chargeable with negligence or inn
proper Of conduct in the matter Of 81.
ing the libel for the divorce for Mrs.
Thieleh. As to the diamond ring, taken
at the insistent request Of Mrs. Thielen,
we can see nothing improper inasmueh
as no rule of law or Of ethics precludes
an attorney from taking security offered
him by a client for fee to be paid
in the future. Believing, as we do, that
this is not a proper case for further
Investigation, and that the time Of this
court should not be wasted in inquir-
ing into conduct upon the part Of an
attorney which has been found to be
fair, proper, and within the line Of his
duty, we have concluded to deny the
motion and adopt the conclusion of the
attorney general that the charges be
dismissed. ThHMa 'En tl
{" For the reasons above stated an
order will be entered denying the mo-
tion to strike the report of the attorney
general and dismissing the charges
against the respondent