Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-06-15

SAY WILLIAMSON
NOW IS TRUSTEE
Petition for Confirmation OF
His Appointment Taken in
Amusement BY Ashford

"If it be a fact that no member of
the alumni of the Kamehameha schools
is fitted to be appointed to the board
of trustees of the Bishop Estate, then
somebody ought to answer the ques-
ton: What is the matter with the
school or the board which controls the
school," rs.
Thus declared Circuit Judge Ash
ford today in taking under advisement
a petition for the confirmation Of the
nomination by the supreme court of
William Williamson as trustee OF
the Bishop Estate, to succeed Samuel
NJ. Damon, resigned. -
Taking part in the argument OF the
petition as friends of the court" At
torney D. l.. Wilmington, Antonio Per
ry and A. S. Humphreys stated they
were of the opinion that the justices
of the supreme court, acting under
the provisions of the will of the late
Mrs. Bishop, have made the appoint
ment of Williamson and that no con,
firmation of the nomination by the
lower court is necessary; also, that
the petition for confirmation be dis.
pensed with. -.
Judge Perry, who spoke first for the
friends of the court" stated that any
attempt to vest in the supreme court
any power of appointing trustees
might be invalid, but that it evidently
was the idea of Mrs. Bishop to place
such appointments in the hands of per.
sons who, when the time came, would
be the justices Of the supreme court,
He pointed out that, In his opinion,
the justices were simply called upon
to choose person to fill a vacancy
in the board.
The lower court might interfere, he
son deemed ineligible to fill the posi-
ton. For instance If the Justices ap-
pointed Catholic, they would go be.
yond the limits of their powers, as
the will provides that trustees shall
be persons Of Protestant faith, he ex.
planned.
at is just a question of whethe,
the appointee is eligible" Judge Perry
said IF under the will he is quail
fed, then the appointment must be left
where it stands"
Attorney Wilmington, who stated that
he believed the petition should be dis.
missed for want of Jurisdiction by the
lower court. He added that he could
find nothing giving the lower court the
right to act on Williamson's nomina
.tion. axs s
/ Speaking for the alumni association
of the Kamehameha schools, Attorney
E. C. Peters stated that he believed
that the power of the supreme court
to appoint trustees and fill vacancies
had been transferred to the courts OF
equity "By the terms of the will, as
understand them, the justices may
only choose successor, he added
"Then there is the question as to
whether the appointment must come
before the circuit court for confirma.
ton. But there has been no choice
here. Williamson was chosen by the
trustees of the estate, as shown by
their petition"
Stating the reason for the petition
for confirmation, Attorney G. H. Olson,
representing the trustees, said that
it was only the following of a past
custom.
At the close of the argument, Judge
Ashford stated that he would hand
down decision in very short time.
He added that, in the proceeding, he
had no desire to draw the color line
or raise the race issue.
The hearing was well attended,
principally by former students of the
Kamehameha schools. Several of the
trustees Of, the Bishop Estate also
we're present.