The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-06-21
THE PACIFIC
Commercial Advertiser.
Biennial Report
Chief Justice of the Supreme Court
OF Is6O

NOBLE AND REFEESESTATTvEs
have the honor 10 make known to you, in con.
ormity With a provision Of the Constitution. the state
Of the J~ud'cilry Of the Kingdom. and the business
pertaining to that Department G- the years ISIS and
The Civil Code. which was enacted by the las,
legislative Council, has supplied many defects q the
former laws, anil il has given a cJnpactness 20 our
system, which renders u tr more convenient fO- ex-
ANIMATION And, while II was rendered a. complete
as vas consistent with usual legislation at the time.
there are a few subjects % which I desire 70 call your
special attention.
vision which bad net been introduced into the Code
by those 20 whom Tas committed the revision, and
which | nO~ regard As worthy Of your serious con-
siderattOu. ! refer 20 the mode Of D4yueut Of the
District Justices. You are aware thar they no. re-
ceive such compensation ir their services As the Leg
isisture shall from time % time determine an! aoprU-
pirate Inc experience Of other countries for a long
period has shown that the payment OF magistrates q
this character may be made BY fees Of Office. to be
hxet By law With perfect safety % a faithful admin
rtration Of the law, without imposing any burden on
the Government This system imposes the obligation
upon those VINO cause litiZarOn 10 pay the expenses
OF = OF the eXpedieucy Of this change you are 20
determine. In other countries IL works aimirably,
aud would not be discontinued for any other. I see
no substantial reason Why il may not be equally sue
ceSsful here trust you will regard il ~ worth the
experiment, for should il not prove in practice 50 pro-
motive Of the public welfare AS il does elsewhere, the
present system can be easily resumed. You will bear
IN mind that for Judicial purposes, the Kingdom Is
divided into districts. the boundaries of which are
the sane rs those for taxation The appointment Of
the District Justices Is vested in the respective Gov
ernors, with the advice 81 the JGstice- Of the Supreme
Court, and although one cnly has usually been ap-
pointed, the Governor = authorized "a appoint two
for each Of the districts IN their respective j~urisiIc-
tons / submit, therefore, that the only change Ee-
cessary 20 be made viii be in the mode Of payment.
Instead Of an appropriation Of a salary, an act may
be passed fixing accurately the fees which each jus
tee shall receive for certain prescribed services.
The rrazawf au.sa - rrvz~ :.
operate f~avorably, still / trust you xII regard II with
IN the range of matters Of public interest which
should demand your careful consideration. Ii i IN
timately connected with an effective criminal iuriS-
prudence a personal examination Of the prison may
be useful IN enabling you 20 suggest improvements.
by reference 70 the summary Of ofeu=es you will
perceive that those OF adultery and fornicatiCn cor
unus TO demoraiize the people The law 10 2 verv
great extent Is an exponent Of the public sentiment Of
all crimes and otfenses. ami when that deals lerieut-
y. IS il does with adultery. IT creates /: raFul1r idea
that II Is comr1rIr.veiy Of little injury 70 publ.
morals, while. u point Of fact. it s,rik-s II the very
foundation OF socIety. If the sanctity Of the family
relation II not projected, IL follows as n necessary
that virtue in the other relations OF life
vnl not be regarded An effort Is now being made
BY the family schools 10 educate the females. 20 that
they my be fitted for domestic life. II l. the family
training which Is rst4i.ei, and IL i hoped thai this
will aid N creating a stronger sentiment Ct public
virtue. The law too should come in aid Of this great
purpose. The punishment, OF the crime Of adultery
should De Imprisonment with hard lab0r. This pro
vision Of l - will brand the crime With infamy and
create = public sentiment which viii tend t. Dreyeur
it. Il Is an anonably In legislation that While LARGE
nv &c an amount Of lss than five dollars shall be
a. hand lshoT fo- u term not more than six
- th= discretion o. the Coggt. the crime
winch wounds more deeply -se innocent relations Of
the parties. a. sell ~ roi-5rs the fountain Of domes-
tie life, = ps.HI.asbir - . ine ii thirty I.lIar~.
History shows tf8t vien virtue AMI chastity arr not
AMI Protected. tie people viii JTteri.rato.
not merely N material c~1aflrts. bg; in the guai.tie.
OF me race, NElCH tend tF their surr-.-a and rIa--
advancement
The District Attorneys Of Oahu and Maui and the
Police Justice Of Oahu recommend ~sue additional
provisions against the Ofense of furnishings. Tie
have been less IN Oahu t.au Tor the two
years prior, but on Maui there has been an Increase.
Ii Is unquestionably an evil Cf the greatest ma rnituie
and requires the most careful legislation. IL impairs
the energies Of a people. cOrrupt- their morals and
tends decidedly to their deterioration: ani while II
requires stringent Legislation, Il >hculJ he practically
rhst i may prevent the esIL. The sale =.
besr- = which the Police Justice Of Oahu refers,
shou.d - pgctsti.el: but II lot, l would recommend
hr your consideration the prUpriety OF making the
law more penal for the second conviction. with the
punishment OF "a rrI-.uHeHj 20 Iari lajrar. | recon-
mend the SAM provision tor tie vipllriou II tie Law
Ehich prohibits tie sale To IIay. iiiaEs II intoxicating
iquor. much Of which > represented - being pof<Cu-
and Of course dangerous 70 health and life.
While the oteHses 70 which | have aivertcl 10
great injury to the peoplc. stll the summary o.. CT
for al Ofenses throughout the Kingdom iu=-
ng the ms. t5rce lars exhibits a gratifying decrease;
Ntis "a Io57 th-r- were 4,OO1 convictions. in 1859
he S,Ec Ter ".-Si, u which 1913 were for drunk
.nne~s and 50 for adultery and fornication. being
IeaF.y tso-thiri- Of the whole number Of all oaens.S.
10 1901 the convictions have about the same propor-
Drunkenness Is the cause Of many crimes.
which are in the list Of convictions, so that Il thar
,ould be checked this formidable list would rapidly
diminish.
l;-por;s have been received from the several D.
itiOrneys throughout the Kingdom. exhibiting
he following Criminal Statistics