The Hawaiian gazette., 1883-03-07

Ces AarsAel wsat eet and lelt ne alcre AZ heli.
Psss essAt b cane heek fson Ne Aticraeg 0ee-
srels sd sslt me 70 - - Aavainai VIA Aiia y
~. {. rsrSS sss,sa ~ Wsns b Kswsinai's
osace "a Frsiay ~ sa fsh takiag Wiih ne ny
e,efk M. hcgkinS II esiSotea - wAsi y has
ststea askel his oa arrival At kaueingilS
Eseeeer = vss Wrsttea ~ tne cstrN taAi fsrsp's
licks2 Get ~ he Coazaeesiain. te ssi9u vas
~ l tc,d J, [, keweinss Ast he VAS vroog N
rrhliSk,rs that. L VAS pfecaiNaed aeoUt tne
streess tnst Aryene ec1ia - N viiAoat an invita-
the hal;eiiaN tAsa Sssd want ghst sAect~
de cge-s1 ~ frcat - The frasne, kae1sd The
ssper s.s1 1rore %. Atte-NarIS called several
sisses Is rs cssee y Estara ne payer. He esHse
h ny ho1se ard sai1 he Vas afFaid be vas geicE
b oe arrested tken drsv cat reccirt reaSiil'S
.l,as X haa recefre3 tFpE ne eeiletia IN ssrae
cSriitica Wiikcgt tectilstten cr chang, &c, anc
eked hna b SKA 4 caerlng hie the ealietia.
ae rvfessd b Ssn tks Eeesipt. - tola hiu b.
eecl3 rsSe il uiihcas reeeipt, lie reteSed b
csvss sAasaiasd; Gad he hanssia board in
,ls casrisse, b not rsrcsraoss whether " Hop
kii,S tc,k slosa the bcarA I had no warrant 1
e.t& ~ satecrity. have keen Marshal 81 years.
De rvfuse1 - answer tee question, II Re k.sW u
say PSeeeaeat foy hss action. dia rci oder Z
reCeipt fcr the bulistin when tock t. Alter tak-
Cesr,herlais. II Wtat be heard Was cs, TIE ths
c.llstin vas there, be wanted kawaieai 10 .ake il
3oWa. lie isd rct ssS ne 10 ertGg Il 10 him
WISHED kirs u see the exact wo-Sh oa she o.sarl
tkc7s thst Were r.cs teere.
he Attorney CSasral IN bis 6rst wortis in srgu.
laszs tor TIE defendant Acknowledged the weakness
u lis Sas q Us case s0yiaS n substance, that
The ease IN is vAole heeFirg WaS very isupcrtart
ore. Marshal Rarke aithcesA uct actinz, L, bis
oai,ial cspeeisy had ssa4e a mistake ard the
lsarued eoassel eould not say that his elisnt hsd
| any right % % as be bad 6ore. livery person has
1 r,hI - hs protected n the possession ef their
| prurSEty. The Marshal bad however osly taken
he eslietla hoard frorn the ofce 70 the express.
thzs action the Whole trespaSS. Ths trespass i
sny very sliSht, ana wosld he rnorv eeneseial 70
NJ. ktwainzi II the sale % his pepST etc. than
| ieissicGs.
SIr, pols at:Osasy Tor the Pzoseeus.oa said. this
vas a rs1St Important case The evidence Cn both
s,.ssS slowed tkas kavairui rsga-led hiueself as
IN he hands u the Marshal Instead q rssiStinS
be l1ked upcn Alr parke as the symbol of author
ity ms treSpass tcok Place. be did no, gessst.
oisc y sesi bad trespaSSsL he said. IF you must
.ake he hclcsin, give ne back the tgares.H The
ees;ir md not - cat ot the NarshalS possession.
i ts true thar the sefsal ard pscunissy asnage
DIRE IS sT-ali the Vaas cf the paper Is nothing.
As a riIs7cr q news. Il was ~, Cf Srya. import
1nee It occurred rRSr the close Ct the day, bui
the case as matter of pzircrs Is not sr,All 1t
gaS u vast iEaportAccc. there were four arftcles
81 .he Ccr,stitrticn ort-ag1 Mr.. Dole quoted the
lth sch, 1th, and ith Articles Of the Constitution.
all II which hare particular refsgence 10 the ITO
rctioa Of life, liberty, and property. aeeording 10
Nov, slress. isssasdia.sly asssr the eudins Of a
srsat eerensory VIXEN the hSheSt offciai executive
,u the kirgtoCn, re1t % The Ministers. outraged
four of the Articles u The Consctutton he looked
usan II 1s matter ot gEeat irnpo<tRnoS IL = 40;
simply The case u J. I. hSvainui against W. {.
Parke II Is the whole population against Oficial
aggression II The Marshal can DO this With iT;
q +.
! nay hs entered, eooAS Nnd papers may ee taken
/ - The Palace ard after being re1d BY the Cham
| bsrtaiu returned. Eyery household urAy bS
SEARCHED. Il vas uSrrplng Of the persoual rights
| shich the ArsSto-Sixun held as slcred bu: which
wVrs not vet properly appreciated by the Hawaiian.
/ Thrs principle WIS instituted under the MagpA
/ CkaTter IN shs reicn Of King John OtkciAl des-
put1sn Is direct invasion Of the constitutional
risht Of citizens The Marshal vas not authorized
20 Go as he hSd done but he received the sympathy
l ef Cfhcitls and the bulletin read within the
/ sacred precincts Cf The Government. This bul-
lstin was held IN possession Of an Official in the
I Hingd1u.
With0gt warrant or authority, the Marshal took
tie place 0f a drscretionGry CoGrt And IN this be
represented certain SET of ofteiAls Who Gre eare-
less Ignorant u the rights Of ciri-cns. II such
actions were permitted. citizens could no longsr
have the protection Of courts % law which SEX %
prevent oppression, there viii Be no use of courts
/ II Palace officials eo1li order thus. he quoted
I many lrst3,ees where heavy d1Ilages had been
/ inhlc.sd for apparently trivial offences. he quo
ted at length from SedSxick and a speech OF Lord
| CaEltsn's. Mr. hAvIinui was frightened. think
ing hs vas goinS 10 Be arrested, and for what. h5
| did lot know. he eurSidsred that she Marshal Of
! the kincdor, vas nc. acting according 20 law and
his action should be regarded Is an oGtrace. The
matter should be rscugnized and not passed over
/ hghtlY. Had the desire Of the plaintiff not been
10 settle this matter quickly, he would not have
hriited the dAhacss 10 $40. but would havs taken
/ Il 10 higher Court. AL officers throughout the
/ kinSd0m should take this matter TO themselves.
- - nsH all
I ofiicers from the King down had taken solemn
| oaths 70 protect those rights can lay finger on
/ another man without due authority.
/ Jgdgs Rckerton after hearing the arguments
presented, deferred giving Judgment until the next
Gay, the "a INST, On which date be rendered the
| following decision:
1T has been argued by the counsel for plaintiff
that the act Of the defendant vas an Official act
/ cannot md Il 80. The defendant vas not acting
As Marshal Of the hingdom or in any official ca
/ pacity whatever. There had been no legal pro
ceedlncs OF process Of law rssortsd TO- neither vas
be instructed By anyone II authority 70 take pos
| SESSION Of the bclletin hoard. | understand from
the evidence Of the defendant that be vss told TO
have Il removed viii therefore treat the case
a that Of private citizen and not Marshal Of
tie Hawaiian Islands. II Is argued BY counsel for
I defendant that Mr.. kavainui gave his consent to.
1 the pdpsE being taken By the defendant As the
plaintiff says. he thought the defendant acting
as Marshal, with authority, and he therefore gave
up the Bulletin. feeling bound to respect the au-
thority % the Marshal. Ihs defendant states that
b made a mistake, and that If be had Rad cIrc-
fully the letter that sent 70 him the subject,
| he guEld probably not have acted as he had done.
/ When hs found that the article did not contain
[ what Il v1s said 10 contain. the matter ought TO
have ended. M Parks acted hastily, aud can
not ind upon exlualnstiou anything TO justify him
II taking the bulietin board, and must decide as
| the Law directs me. IhE defendant must Be held
| liable n damages. The authorities sustain such
currse. also does the Constitution Of the cum
1 t-y- The damage to Mr. kawainuls property OF
I business. II anY Is vETv slight. HE damage 10
hls feelings Is different. The authorities sustain
/ large damages IN cases where one's feelings are
| hurt IN this case cauloS md any intention On
! the plr- Of defendant 70 insult the plaintiff. Il
cannot Be denied thas II his capacity as Marshal,
/ II be had seen an obscene writing or picturu, be
/ had right 10 take il down and destroy It. The
obcr Of this case Is % settle the question. far
As this Court Is Concerned, whether Or not the &c
! ton 0( the defendant vas lawful OF iustiiable.
Taking al the circumstances into consideration
| fEd Il vas not 50. I think justice vii Be done
between these parties by giving Judgment for the
plaintiff therefore give Judgment for the plain
/ TN fCr 50 damages. and costs S4.40.