The Hawaiian gazette., 1872-11-06
HoSoLUr.u. Nov. 5. 1872.

HONOLULU, Nov. 8, 1872.
Editor Hdloaiiaa Gazette. The p. c. 4.
has devoted an unusually large portion of its
Issue Of last Saturday TO comments Of no compli-
mentary character on the course pursued by our
Police Magistrate in cases adjodicated on By
him in the Police Court, the majority of which
seem to me too contemplate to need comment
or refutation. There is one charge however, de-
libera,ely made against him, of the very gravest
character, which demands prompt notice, viz
that be habitualIy makes distinction in the pun
ishment of natives and foreigners in awarding
punishments for ofenses and says that native
is generally more heavily punished than for
eigner, and winds up in the following language:
3" A native convicted of an ofense before him,
unless some outside influence Is brought to bear.
is likely, judging from my observation, 10 be pun
ished with heavy, unsympathizng cruelty
A mere grave or serious charge than the above
could not possibly be made against judiciary
officer in relation to the discharge of his onerous
and responsible duties, and it remains to be seen
how far he may submit to what is manifesty
grossly lbelous.
Legitimate criticism on the acts of all officials
is one Of the prerogatives of free press, but
such disingenuous earnings as those to which
have referred, can not be considered either fair
or legitimate.
Nothing is so simple as to find fault with our
neighbors but when those who indulge in that
pleasing pastime assume to do so without any
knowledge of the facts and circumstance which
have induced them, their criticism becomes both
presumptuous and worthless. The truth OF this
position is admirably illustrated by the comments
OF the p. c. a, or ITS contributor, adopted by it.
on the late " gambling case" when a fine of S25
aud Imprisonment for ten days was imposed on
each of the four prisoners which is characterized
as unnecessarily severe" The writer of those
remarks suppresses the fact that the evidence in
that case developed conspiracy to rob poor
old man Of Si6 which the prisoners had learned
he was possessed Of that they hired house 10
which they invited him, and where be went with
his wife in the evening, and where he was induced
by them to commence game for money, which
they continued to play during the entire night
and until broad daylight next morning, by which
time they had succeeded in easing him of every
cent of bis money. The punishment awarded
for this outrage was only one fourth Of the
amount of fue which the Legislature has war
ranted the Court to impose, and was considered
by all who heard it as a very mild sentence
great outcry is made because the Magistrate
saw fit lately to refuse TO commit for trial party
charged with subornaiion of perjury on the uncor
robUrated evidence of one witncss-the perjurer
himsef II the Magistrate had committed the
accused no Indictment would probably have been
found on it aud no conviction possible The synop-
sis of the Magistrates ruling, already published has
satisfied all reasonable men of its entire proprety
Had committal been made the Magistrate would
probably have been censured for sending up case
which he ought to have known must prove abor-
tive. Such Is the predicament in which Magis-
traie is placed that every decision he makes NAV be
found fault with by one side or the other if news
paper can be found capable of giving circulation to
their censure.
As regards the assertion that the Magistrate here
is within the reach of the highest Judicial legal
advice such remark only demonstrates how little
Its author knows Of such matter forit must be man
ifest that nasmuch as every ruling made by mag
istratc is subject TO appeal to the Supreme Court
the members Of that honorable hody could not be
asked or expected TO advise the Magistrate on de-
cisiOn which might afterwards come up before them
selves on an appeal. FAIR PLAY.
Mr.. EDIToR,-The unsympathising cruelty
10 borrow a phrase from the p g. A-with which
that paper habitualy treats the Police Magistrate,
whose decisions ii does not hesitate 10 misrepresen
induces me 10 call attention TO the duties and re-
sponsibilites of that Office which are not generally
known and which ought fairly to eutitle him to
some consideration.
The report of the Chief Justice 10 the last Legis
laure exhibits in tabular form all the cases adju
dcaied on in all the Courts of the Kingdom during
the previous biennial period and which shows that
their gross amount was S54s cases, of which the Po
lice Court of Honolulu disposed of 1907 cases, or
very nearly 20 per cent. Il ought to be borne 1
in mind that the late increase of the civil juris /
dctiOn of the Police Court from 500 to $500 and |
the extension OF its criminal jurisdiction over the
whole Island of Oahu greatly increased its labors,
while the work Of the Supreme Court was thereby 1
greatly diminished. Moreover, counsel usually at /
tend before the Police Court in civil cases, and fire.
quently in criminal also, and raise and argue
questions and points of law quite as Intricate 10
20 note and record the proceedings, while the Police
Justice, to whom no clerk is allowed is compelled /
pause and record with his own band all the evi- |
deuce aud arguments which necessarily causes some |
embarrassment
Such an Office this ought certainly to be dealt |
with leuientiy by the press and the public, so long
as its incumbent discharges IFS and respon
sible duties fairly aud justly. If be be capable of .
acting otherwise let him be impeached aud removed,
but do not calumniate aud abuse him anonymously,
because he cannot respond personally even in self 4
defence and to do so is neither honorable gene.
rous, and might well be characterized by stronger
epithet. FIAT JUsTITIA.
Tur Rrreur-Tbe chief obstacle 10 tho suocessful