The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1880-08-07
THE POLICE.

The existence Of gross abuses under our pre-
sent police system, was brought to notice by
certain members in the early part Of the present
Session of the Legislature; but, owing to the
powerful influence Of the - judicial element
in the House, an extended and thorough inVesti-
CATION was suppressed. Rumors have frequently
been current of late as to abuse of power in
this department of Government, and its discri-
minatiOn in regard TO individuals, instead of
merits. That country represents a wretehed
state of affairs when its police regulations are
subjected to the influence Of personal considera-
tiOns, or when it's officers, in their exercise OF power,
are allowed to transcend the law, as has been the
case here in more instances than one. Still
worse is il when Judicial action is made subser-
Went to the ignorance and despotism of petty
law-oficers and that community is dead to its
own interests who will tamely submit to such a
rule. The undue or despotic exercise Of power
by government is as much a breach Of contract as
if it were made between private parties to an
agreement, and involves consequence that may be
dire to all its subjects.
Attention has lately been called to an outrage
on the part OF the police, that should not be al
lowed to go without the strongest apprehension
from the community. A Hawaiian youth IN the
early part Of last week, was identified as one of
the authors Of certain robberies which had been
committed in the town, and was accordingly ar
rested. Upon being questioned, after his re-
moval to the station house. as to his own gilt, and
the supposed completely of others in the rob-
berries committed, he persistently refused 10 give
the information sought, and was especially reti-
cent in regard to his confederates. Owing to this
retcence il was deemed advisable that coercion
should be used and, it is stated on good author
ity, that this was applied under the direction of
the Deputy Marshal, in the form of a severe
whipping, which resulted in the diyulgence of
the desired testimony. Since this, and upon the
testimony thus extorted, 1--WE are told) the boy has
been sentenced to four months imprisonment.
A more deliberate violation Of law, and Of the
rights Of subjects, as guaranteed by the Constitu-
ton, can scarcely be imagined. Article 9th of
the Constitution distinctly says: .'No person shall
be subject to punishment for any offence, except
on due and legal conviction thereof, in a Court
having jurisdiction of the case Article 9th
also says: "No person shall be compelled in
any criminal case, to be a witness against him.
self, &C." If the executive may violate with i'm
punity the Fundamental law of the land In one
case, why not in others? and if discretionary
power is given them in such matters, there is an
end of right, and the guarantee of the C~onstitu-
ton, as to the I" protection of life, liberty, and
property" is but a Pigment. Were this a soIi-
tary instance Of the misuse of power By the
police, it would be bad enough; but it is only
one of many instances where unfair means have
been resorted to, to obtain judgment against such
as the police desire TO see punished.