27 Haw. 60 | Haw. | 1923
OPINION OF THE COURT BY
The chief justice suggested in writing his disqualification herein upon the ground that prior to his becoming a member of this court he had been “of counsel” in this case. Prom the facts stated in the suggestion and from the record herein it would appear that in January, 1922, application Avas made to the building inspector of the City and County of Honolulu on behalf of the respondent W. C. Rawley Company, Limited, pursuant to the provisions of Ordinance No. 175 of the ordinances of the City and County of Honolulu, for a permit to erect a building on the southeasterly corner of Beretania avenue and Keeaumoku street, Honolulu, designed for use or intended to be used as a store; that to said application for a building permit the complainant Susan A. Anderson filed a protest and in support thereof presented objections of both law and fact upon which she claimed that the applicant was not legally entitled to the permit as prayed; that while said application for a building permit and said protest and objections were pending before said building inspector the firm of Peters & Smith, of which the chief justice was then a member, Avas retained generally by said respondent to act for and on its behalf in the matter of said application and secure for it the building permit as prayed; that on February 8, 1922, said building inspector granted said application for a building permit and issued to the respondent a building permit as prayed; that thereafter and on to-wit the 21st day of February, 1922, complainant herein caused to be issued out of and under the seal of the circuit court of the first circuit an
Section 84 of the Organic Act prohibits a judge from sitting “in any case in which he has been of counsel.”
It seems clear that the chief justice has been “of counsel” in this case. The law firm of which he was a member was retained generally to represent the applicant upon its application for a building permit as therein
This being so it necessarily follows that tbe retainer of Peters & Smith in tbe first instance included this particular case. That it was not then in existence is immaterial. It may be said to have been reasonably contemplated by tbe parties in tbe event of a possible contingency which subsequently actually developed. It was one of tbe incidents of tbe employment. Tbeir employment contemplated this as well as any and all other cases which they might reasonably find necessary to institute or defend in order to secure tbe desired permit and upon its issuance render it available to tbe applicant. This proceeding is but a part and a continuation