The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-11-25

THE case of Hang Lung Kee & Co., YER
sus Police Officers Oadt and Marcos, is one
of those peculiar cases out of which, as Mr..
Hartwell remarked, ''sOme very grave
any evid .e, it would be premature to sur
The plaik y are merchants OF a very high
standing ala this city, not only amongst
their wn1OPuntrymen, but are also recOg-
nized as I.rn of integrity aud honesty by
the foreign business houses. The liai.t is,
that on Sunday, 9TH November, about mid
day, IL posse of policemen entered the prem
ises of Hang Lung Kee & Co, without any
Owing to one branch of the
which permits of sales being effected on
Sundays, The front door of the shop is
merely closed, but not locked on those days.
One of the partners was seated inside the
store reading correspondence just received
by the mail. Before he had time to make
any enquiries, or before the police volun-
teered to e%nlighten him as to their move
ments, they had reached the back
premises and ascend the stairs, leaving
a guard at the inner doorway to pre-
vent their being followed by the gem
tlemen who was the proprietor of the
stock-in-trade. He implored leave to pass,
but was rigidly refused permission to move
n step further. After ransacking every hole
and corner in a fruitlesS search, the police
men came down stairs, and on being asked
for their authority for acting as they had,
one of their number, a foreigner, showed a
piece of paper purpOrting to be a search
warrant, adding, that by virtue of that
document he and his colleagues were
justified in looking in every nook and
corner, opening trunks or cases, and dis
turbing matters generally. The representa-
tive of Hang Lung Kee Il Co, feeling ag-
grieved, next day made known his griev-
ance to his legal adviser; hence the present
srit. 1t was elicted on further enquiry that
no warrant had been signed by the Police
Magistrate of Honolulu for the purpose of
the premises in question for
opium within the previous two weeks.
Probably the question will arise at the
hearing OF the case, for how long a warrant
remains valid, provided that circumstances
permit of its immediate execution. Also,
should a warrant be produced aud exhibited
before or after the search has been made.
AS it stands at present, the ques-
ton il, can a Magistrate who signs
a warrant, sit judiciously and decide
upon the validity and justification of the
said warrant? The whole matter would
seem to hinge on the reliability of in
Without such a class, the police
would no doubt in many cases fail to attain
the ends of justice at the the same time,
is the word of any person eager to make Il
grounds for the police to disturb
the peace of a citizens house on the Sab
day or any other day
In case of it being shown that the magis-
trate is not competent to try the case, the
following section of the Civil Code provides
for an alternative =
SECTION 937. When for any cause any police or
district justice is legally disqualified to hear and
any case. civil or criminal, which would
by law come under his jurisdiction, the same may
be brought by direct suit or complaint, before any
circuit judge of the circuit in which such police or
Justice holds office, TO be heard and deter
mined by such circuit justice, IN like manner as II
It had been brought before him by appeal. The
same costs shall be charged in such case as would
have been charged if the suit had been brought be-
the police or district justice.