The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-11-02
THE PACIFIC
Commercial A0bfrtiser.
NJ ..


The COMMUNICATION in another column, pro-
pounding several interrogatories as to what is
= customary for a Police Magistrate to do. is
only one out of quite a number that have been
sent as for a long time past, complaining, on vari-
Gus accounts, of the proceedings Of the functiOnary
H. question. We have foreborne to put these
complaints on record in print, perhaps ~unwisely,
from a reluctance to becoming the medium of
publicly discussing errors and evils that it was
hoped might be corrected and removed without
resort being had to 30 unpleasant a course. But
in 80 doing, it appears that We have incurred the
accusation of too great leniency, and of failing to
fairly represent public opinion. We willendeavor
to aequit ourselves of this rather serious charge.
As to the first two queries of our correspond
ent, there can be only this answer-that, if it is
the custom of our Magistrate, as is inferred, to
talk over the business of his court with outsiders
before making up his decisions,-it is not only
undignifed and degrading the position he holds,
but it is placing in jeopardy the interests of JUS
tice and the rights of parties litigant. For if
Smith, Jones and Robinson are to have the ear of
the Judge and influence has mind in making up
the decision of Browns case, the latter individual
will be placed in a delightful state of uncertainty
as 10 VINO III reality ii me person Nuom u
either bride or otherwise persuade in order to gain
his cause. Such a state of things-supposing,
for the moment, that it could exist-would be
misehievous and demoralizfug in the extreme,
and would render the idea of the independence of
this particular branch of the Judiciary, a byword
and Il mockery.
Another correspondent asserts that the Police
Magistrate has generally shown himself TO be
unnecessarily severe on natives brought before
him and cites a number of instances in proof.
The most recent of these is a case where four
natives-two men and two women-were SEN
fenced to pay a fine of twenty-five dollars each
and be imprisoned ten days at hard labor, for the
offense of gambling. This the writer believes to
have been unnecessarily severe for the first offense,
and pertineDtly inquiries" How about the prev
alent and pernicious gambling practices that are
constantly going on among foreigners in this
community, which His Honor is well aware of,
and at which he is unquestionabiy sometimes
present and perhaps takes a hand ;-if, through
the outraged moral sensibilities Of an unlucky
gamester, Il party Of this class of law breakers
was brought before him, would he send them
over, think you? Probably not; but there is a
difference to be observed between the application
of law to natives and foreigners, and in my
opinion the judge puts the severity on the wrong
side. A native convicted of an offense before
him, unless some outside influence is brought to
bear, is likely, judging from my observation, to be
punished with IA heavy, unsympathizing cruelty"
Another writer ingeniously suggests that the
Magistrate has q box in his Office, in which are
kept numerous slips Of paper, with different
terms of Imprisonment and amounts of fines
written thereon, and that when a case is to be
decided, the box is shaken up and one Of the
slips drawn out. which fixes the fate of the culprit.
Still another writer criticises severely the
action Of the Magistrate within the past few days,
in refusing to commit for trial by jury a person
charged with subornation of perjury, the circum-
stances of which are related at length, but which
are familiar enough with the public to render
unnecessary their repetition here. The writer
concludes in these words: "This decision of the
Police Magistrate, which required several days
for him to arrive at, is a very unfortunate one,
and can give satisfaction to no one concerned.
The public regard it as inconclusive as to the
guilt or innocence of the party accused. who has
thus received a very thin kind of a whitewashing
by an unskillful artist. Far better would it have
been for the Magistrate to have sent the case up
10 u ulSueT SOuII IL o. u jury Vi IellOW ClIilenS
of the accused to decide what must now be
always looked upon as a doubtful question: In
another column will be found a synopsis of the
judgment rendered by the Police Magistrate in
this case, as furnished by himself.
And still another writes to say that the Magis-
trate has been heard to inquire Why should
not the natives be allowed to have their grog?''
We suggest the reply: because section 1, of Chap
ter Al, of the Penal Code, expressly forbids that
they should have : grog."
The Office of Police Magistrate for the city OF
Honolulu, is a peculiarly important one. The
duties are varied, numerous and sometimes oner-
Gus, calling for the exercise of the qualities OF
patience, primarily, and sound common sense,
rather than a hair-splitting legal education. The
fact that the large majority of the cases tried are
those of native Hawaiians, should be held as an I'M
perative reason for appointing no one to the posi-
ton who does not possess a good knowledge of the
vernacular. Taking the words of a party or a
witness at first hand, is vastly more satisfactory
and likely to establish the truth, than by fltering
them through the minds of the best Interpreters.
Before leaving this subject, it may be added
that this particular Magistrate possesses an adj
vantage which is not enjoyed by any other official
of similar rank-that of being always within
reach of the highest legal and judicial advice in
the Kingdom.
PUBLIC ATTENTION has recently been directed