The Hawaiian gazette., 1880-06-16
6azette,
WEDNESDAY,, JUNE le. IssO.
Report of the Chief Justice of the Supreme
Court,
To the legislative Assembly or L $50

of the Kingdom is l5,446, which exceeds that
of the previous two years by 3,l6l. But in
this representation, allowance has to be made
for those cases which have been examined in
the Police and District Courts, and afterwards
come up by appeal to the higher Courts, where
they are Te-examined, thus Take the instance
of assault and battery or assault. The total
number of assaults of every description
amounts to, Gas by the summary 927. But
one could reach the upper courts only after
consideration in the Police and District Courts,
as such cases, only reach the upper courts by
appeal or commitment. By adding together all
the assaults of every description in the superior
courts, it will be found to amount to Al !;
therefore, although there have been 92l exam
nations for assaults in all the courts, there
have been but s74 persons before the Courts
for offences of that description. But it will
be easy for any one who feels interested, to
follow this example in all other cases where
the same nature of offence was represented in
courts of different degrees. ed
The large number of cases which the Tax
Collectors refer tothe inferior courts, serves
to swell the volume of business. There are
1874 cases reported of this nature. The short
time that has elasped since the time for col
lecting taxes this year, has prevented my ex-
but in the district of Honolulu, there are ,14e
reported, and have asked the Police Justice
how many actually answered and went to
judgment in his court and he has informed me
that only have made their appearance. The
remainder have paid their taxes and the costs
on being summoned by the officer
l cannot learn that the process of distraint
has been used in any tax case. The mode of
business seems to be to notify the people to
come and pay their taxes, and if they do not
come before certain day, to put the names of
the delinquents in the hands of the officer.
The domestic relations likewise, figure
largely in our returns. Desertion of married
people, l7S; disobedience of parents IA
truants from school II; failure TO send chill
dren to school 2; whilst the Insane Asylum
committas amount to -. The suits for di-
vorce 25s, exceed those for the preceding two
years by PA, but most of these suits have
been founded upon old cases of desertion and
separation, which have been standing for
many years.
The proceedings under the Master and Ser
wants Act, have swollen the business enor-
mously. During the two years last past, the
applications to the different Courts Of the
Kingdom, have reached the large number of
4,476. When at your last meeting, l was
obliged to report to you, 2,47s cases, l thought
it very large.
The complaints for violation of the different
license acts amount to 1877; possession of
opium to l2l.
1 mention these three last instances because
they are incidental to our circumstances,
and if deducted from the gross number, the
so-called offences would reduce them materi-
ally.
The number OF complaints for violations of
the lava of sexual intercourse amounts to
l,242, of which, convictions have been bad in
sea instances, agsinst 929 accusations and
6l5 convictions of the two preceding years.
This may be attributed to greater activity in
bringing before the Courts people who are
erring in this particular.
Assault, as | have mentioned above, sums
up 92l complaints, and convictions are 6s4.
But of these, the complaints for simple as
sauts were $40, and the convictions 23s; for
assault and battery 535, convictions 420;
assault with dangerous weapon, accusations
81, convictions rs. A large part of the accu-
sations for assault, and perhaps for assault
and battery spring from the ill-temper of the
accusing party but the number of accusa-
tons exceeds the previous two years by only
So, and the convictions exceed the preceding
two years by &c.
Gaming sums up 692 accusations, and 564
convictions
Presentations for drunkenness have been
l,439, and convictions $3.50, showing an in
crease of accusations over the last two years
of 423, and convictions 1885,
Accusations for furious riding foot up 2s3,
and the convictions have been 275. The con-
victions for the preceding two years were 1862,
which shows that the people have either been
more IN hurry or the police more vigilant.
The number of complaints made against
persons Tor larceny in its various degrees,
during this biennial period, exceeds those of
the last biennial period by so, whilst the
convictions of the present term exceed those
of the last term by 20.
In addition to the complaints for possession
OF opium, which | have mentioned above
amounting to l2l, of which l02 resulted in
conviction; there have been SO complaints for
smuggling opium. and 26 convictions and 1923
complaints for smuggling of which there have
been lob convictions. l am strongly of the
opinion that the prohibtory laws regarding
opium are very effectual in restraining its
use. The large number of convictions indi-
Gated above, do not initiate agaisnt this pro-
position, but only tend to show the rigor with
which the law is sought to be enforced. |
submit most respectfully, that the argument
SO frequently used, that given law does not
prevent an offence, and therefore should be
abolished. is not sonnd in principle; for if it
were, every law in the Statute Book would be
abolished; since the laws made for the pro-
lection OF property do not prevent theft and
forgery, nor do the laws made for the protec
ton of human life prevent homicides. The
laws made for the restriction of the use of
opium, do not prevent one confirmed in its use
from making extraordinary efforts, and taking
extraordinary risks to procure it. But they
do prevent the young from forming the
habit, and do farther discourage those in
whom the habit is not yet confirmed, from
persevering i'll an evil course. l think that
this is the common experience of mankind,
and it is frequently illustrated by the differ
ence of the habits of the people, while gam
bling has been permitted or encouraged by
Government, and the habits of the same peo:
pie, when the gambling houses have been
closed.
At the last session of the Legislature, an
appropriation was made for the appointment
of Librarian, and placed in the list of appro-
priations for the Board of Education / pre-
sumo this arose from mistake in looking at
the books in the Government Library. Most
of them belong to the Supreme Court; and it
would be quite impracticable for the Court to
part with the control over them. Those which
were purchased by the Board of Education,
although exceedingly valuable in themselves
are very small portion of the whole in point
of number or value; and to appoint person
to take care of that small number alone
would be very prejudicial to the person
so appointed. as affording him very small en-
ployment or next to none, and booming him to
almost entire idleness.
But it has been the habit of the Court for
for some years past, to keep in the service