The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-08-01
Judge Ashford Decides He, and
Not Supreme Court, May
Fill Vacancies

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Judge Ashford yesterday morning
refused TO confirm the appointment of
Representatives William I williamson,
made recently by. the justices of the
supreme court, as a member Of the
board Of trustees of the Bishop Estate,
Quite in line with his remarks, made
in court some weeks ago, that he be.
ieved it was time some Hawaiian was
made q member of the board of trus.
tees Of this estate. the jurist yester.
day, in handing down "a forty two.
page decision on the subject, appointed
Charles =. King graduate. of the Ka'
mehamehn Schools, musician, peda'
gogue and former supervising priuci
pal Of territorial schools, rs a trustee
70 succeed Hon. Samuel NJ. Damon
who resigned recently and whose resie
nation was accepted by the Justices Of
the supreme court, y w d 81. s,.4'E
elf this opinion has been extended
TO lengths which may appear unreason.
able Judge Ashford says, on page
thirty nine of his decision, such ex,
tension Ia due, in part, to the fact thai
have been unable to find leisure II
which TO adequately condemn it. = p,
NO Time To shorten It + ','~r
Dwight Moody, the famous evan
eelist, when criticized for the length
of his sermons, is said to have replied
| Il have not time to make them any
shorter ~" c.. : !:
+" Realizing the magnitude of the in
1 kar taL Nd kkoI
my conclusions herein 'fly in the face
of all procedure and precedent that
\ have been observed in the filing OF
previous vacancies (since the going
into operation of the Judiciary Act OF
1922, and being further mindful 'Oi
the fact that these conclusions are op
posed to those reached and submitted
to the court by the amici curiae whC
ESQ courteOusly and ably examined ant
argued the question at bar, I have fell
it due not alone to myself, but to thu
cSinions of these gentlemen, to exam
inc these matters at length, and Il
point out, to the best of my ability
the reasons which in luce me to tisre
Of the law involved.
| "I therefore summarize my conclu
sions as follows:
Findings Summarized
81. That the power of appointment
of trustees to ill vacancies in tn,
board created in and by the will Of
Mrs. Bishop was, in and by said will
conferred upon the supreme court o.
the Hawaiian Islands as a iudicia
tribunal and acting in its judicial ca
pacity;
80. That, at the date of said viii
and thence until January |, 1893, sal
supreme court was invested with al
the jurisdiction and powers necessar
to the choice and appointment of sue
| trustees;
90. That said power Of appoint
ment was not conferred upon the IN
dividuuls who might, at any give
period, chance to fill the Offices 0
a majority Of the justice of the 81
preme court, acting in their individu
al, as distinguished from their judi
cial capacity; o,
-. In the alternative, that if sal
power was TO conferred upon sue
justices as individual, it extende
qTy Act, ONLY to the. point of !choosin
and nominating trustees to fill sue
VACANCIES for approval or disapproya
by the circuit court, or judge tber,
bf, sitting in egpity;
Claims Power Transferred
"5. That by virtue of the transfe
from the supreme court to the Judge
Of the several circuit courts of equit
Jurisdiction previously existing !
said supreme court, and its severe
Justices which transfer was effecte
court has not, since December 8
1892, possessed the Jurisdiction or. a,
thority to choose or appoint sue
trustees;
"6, That the jurisdiction and a,
thority to appoint such trustees ha'
ing been lost by the supreme cour
by statutory enactment, it is now yes
ed ia the judges Of the first circu
court, sitting in equity as a part {
their general equity Jurisdiction;
~. That, as the judge of said CT
spit court now having charge Of ii
equity calepdar, and sitting in equity
said jurisdiction and authority pc
tains and belongs to me;
20. In tie alternative, if majp
ity Of said Judges Il the suprem
court, acting Individually, and n,
Judiciary, were invested with, an
still retain the jurisdiction and a,
thority to, choose and nominate
this court, sitting ip equity, for i
approval or disapproval, trustee (
trustees to FIJI Ach vacancy, and
the naming of William Williamson |
regarded as such choice and nom
nation, then said choice and nomin
ton are hereby respectfully disappro
ed;
Supreme Court Set Aside
80. That inasmuch as vacancy