Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-12-16
"DOUBLk CRIMES AMD oNk.sIDkD


LAWS"
EDITOR Press Turning over the leaves
of the late DIR. Hollands intensely interesting
and practical book, "Topics Of the Times"
made up from articles written by him for the
editorial department Of Se,Ibner'J DionfhLy,
find an article with the above heading, which
takes substantially the same ground as that
which Mr.. Cruzan took in Temperance ad-
dress last summer, and for which he has been
severely criticised. write, not TO defend Mr.
Cruzan, for he is able 10 defend himself, but to
present publicly and fully this point. that it
might have whatever weight the reason and
sense there is in it may give it.
DR.. Holland says;
"TheIe are two classes Of crimes. The
first needs but one actor. When a sneak thief
enters a hall and steals and carries off an over.
coat, he is guilty Of a crime which does not
necessarily need confederate OF any sort.
The crime is complete in itself and the single
perpetrator alone is responsible. The second
class Of crimes can only be committed by the
consent, or active aid, OF a confederate. When
a man sells liquor contrary to law, 1t involves
the consent and active cooperation Of the
party to whom he makes the sale. He could
not possibly break the law without aid The
same fact exists in regard to a large number of
crimes. They are two-sided crimes, and ne
cessarily involve two sets Of criminals. The
man who sells intoxicating liquors contrary to
law could never sell glass, and would never
buy one TO sell, but for the bribe out.heid in
the palm Of the customers; yet the law lays
lis hand only upon the seller"
DIR. Holland then applies this reasoning to
usury to prohibition, and to liquor selling, and
shows that the reason why it is so difficult to
enforce the laws enacted in regard to these
"double-crimes," is simply because they are
Zone sided, unfair, and unjust. quote again
from Mr.. Holland
"We have some respect for Justice when she
is represented blindfolded, but when she has
one eye open-and that one winking-she is
monster. The man who offers a bIibc to an
other for any purpose which involves the in.
fraction OF law Of the State OF Nation is, and
must be an equa! partner in the guilt and any
law which leaves him out Of the transaction IS
utterly unjust on the face OF it. UH Is soyoug
10 sell liquor, IL is ioyo1g 10 bi.y IL, and s0yoag
10 sell, 6ssanse, and onLy hseanSe, is 7Oyong 10
5ty. Law can never be respected thai is no,
just. No law can be enforced that lays its
hand upon only one Of the parties TO a double
crime"
| The law Of Hawaii agains, opium selling, as
construed by Chief Justice Judd, clearly re-
cognises the completely and joint criminaliiy
charge to a jury he held that "the mere
possession Of opium, no matter how small the
quantity, was violation OF the law" I sup
pose that il would no, be held for momen,
that because the hur,ful thing used was opium
instead Of liquor, and that the person on trial
was Chinaman and not an Anglo Saxon,
thai the principle OF law, OF Of right, involved
is thereby effected os.atered.
The ready objection will be made: That
opium selling and using is contrary to law,
while liquor selling and using is not But the
answer is just as ready Suppose the law pro
hibiting opium was repealed, would that
change the moral character OF the ACT Of opium
selling or opium using' Hawaii licenses Ger
tain prostitutes in Honolulu !; does that change
the moral character Of the act Of tomieation
The seY fact tina, the business Of liquor selling
is singled GU, from every legitimate business,
and restricted, and hemmed round with penal
ties. and the enormous sum Of $1,000 per yeal
esae,ed for the privilege Of carrying !, on,
brands il as an illeeilimaie business, and as al
evil Indeed those who favor license laws al
ways admit the force Of Ds. Hollands aIgu
mens, when they say .Liquos selling is |
great evil, but, as long as human nature i
what il Is, il cannot be totally prohibited.
Here the 'gseai evil" Is admitted. Morally
then, though no, legally, the ,rafhe is wrong
Morally the buyer. as we'll As the seller, is
partner in the wrong. To punish the one sne
not the other Is unjust.
i Temperance workers and orators sse largel,
sespoasihae foe the MISREPRESENTATION 80 pseva
lent on this point. No language, no insscsiv'
Is too strong % eoars< 10 Be hu1led a 6qso