The Hawaiian Gazette

(From Wednesday's Daily.)

SAD STORY OF A SQUASHED SCHEME

The Judge's Plan to Boost That Came to Naught

THEATRICAL.

An attempt on the part of Judge Humphreys to exploit his paper—the Republican—by using the courts, fell to the ground with a thud yesterday afternoon. The scheme was born in the morning and died a very few hours later. The Republican yesterday published an amended answer by Dr. Miner to his wife's petition for divorce, which was filed in the courts on Saturday, and which on account of its scandalous allegations, was ordered stricken from the files.

The Republican made much capital of the allegations in the amended answer.

When court opened yesterday many members of the bar were present. Judge Humphreys sternly called the attention of all to the Republican article, and said that he considered its publication in the face of its having been stricken off the files, contempt of court. With a tragic air, the little judge bade the attorney general seek his law books and find if it were not possible to hale the editor of the Republican and the reporter who wrote the article, into court that he might there sentence them to fines or imprisonment.

The members of the bar heard the judge with much tittering. Most of them grinned as his speech grew, and more than one smothered a roar of laughter in his sleeve. It was so funny, the judge who dictates the articles that make up the Republican, seeking to advertise his own property through the medium of the court and the attorney general.

Judge Humphreys himself turned his head to smile after he had delivered himself of his, "Fetch-the-villain-order," and there was much fun in the courtroom.

Several hours later Attorney General Dole interrupted the hearing of the divorce case and read the following opinion on the judge's advertising scheme:

In the Circuit Court of the First Judicial Circuit for the Territory of Hawaii—

November Term, 1900.

In the Matter of the Alleged Contempt of Edwin S. Gill, et al.

To the Honorable A. S. Humphreys, First Judge of Said Court:

Now comes the Attorney General of said Territory and says that on the 20th day of November, 1900, the First Judge of said court, in open court, called the attention of the Attorney General to a publication in the Honolulu Republican, a Hawaiian newspaper, of the same date, entitled, "His Answer Stricken From Court Files," and requested, and, so far as might be in the power of said Judge, ordered the Attorney General to institute proceedings for contempt of court against one Edwin S. Gill, editor of said newspaper, and against the reporter who wrote said publication.

The Attorney General respectfully says that, according to his understanding of the law, the Attorney General is not subject to the orders of the Court in the premises.

The Attorney General is credibly informed that Dr. Miner's answer to Rose Miner's divorce suit against him was read in open court, as a part of the judicial proceedings, before it was ordered stricken from the files of the court. Section 261 of the Penal Laws of 1897 provides that: The publication of proceedings before any court or judge shall not be deemed to be contempt; nor shall such publication be punishable as contempt.

The Attorney General believes that said section is a legal defense to a charge of contempt in said publication.

For the foregoing reasons the Attorney General considers it his duty to decline to institute the proceedings requested.

E. P. DOLE,

Attorney General.

Dated, Honolulu, Nov. 23, 1900.

The judge heard Mr. Dole out and then said:

"I thank the attorney general for his prompt attention to this matter. I do not say that I agree with him. The court does not abdicate the right to direct the attorney general whenever it sees fit to file information in any case."

Everybody laughed, and the advertising manager of the Republican looked sad. It had been hoped to make more of the plan for bringing the paper into public notice.