The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1883-03-03

So ANFN
copies Of his paper. The defendant tried to return
the Bulletin the same day that he took it, but the
plaintiff refused to receive it. He contended that
leave and license had been given at the time of the
occurrence. The defendant might have been
guilty of the treSpass,s hut if SO, in a very slight
degree. A small sum would cover the loss to his
business, his feelings, or his house.
Mr.. Dole said this was 4 most important case.
The evidence on both sides showed that Kawainui
regarded himself in the hands of the Marshal. In
stead of resisting him at the time he took posses
sion of his 1.-THE plaintif's) property, he looked upon
the Marshal as a symbol Of authority. Such is the
nature of the native mind in regard to the Marshal
of the Kingdom, that they regard all his actions in
an official light. The plaintiff asked one small
favor from the defendant. He said, "if you must
take the bulletin, give me back the frame
The bulletin was not allowed to go out of the
Marshal's possession.
It is true that the damage done is small; the
value of the paper is nothing. As a matter of
news, it was of not of great Importance as it occurred
near the close of the day, but the case as a matter
of principle Is not small; it was of vast Importance.
The learned counsel quoted the 4th, 9th, 18th, and
14th Articles of the Constitution, all of which
have particular reference to the protection of
life. liberty. and property. according TO law.
When the highest official in the Kingdom, next
to the Ministers, committed an outrage like the
one under consideration, he looked upon it as q
matter of great Importance. 1t is not simply the
case of ]. A. Kawainui against W. c. Parke it is
the whole population against official aggression.
Acting as the defendant had done, he might so into
any ones private office, open the safe. and take
away such private papers as he thought fit. 1t
wonld render every household liable to intrusion,
or ones premises to be entered without permission.
The Anglo-Saxon hold their personal rights as
sacred. The Hawaiians do not understand these
rights so well. This principle was instituted
under the Magma Charter III tine reign of King
John. Official despotism was a direct invasion of
the constitutional rights of citizens. He (the
MarshaD was not authorized to do as he had done.
The defendant had received the sympathy of the
whole community. This bulletin was held in
possession of the highest official in the Kingdom.
1t was read and ordered to be returned. Ills client
represented the sentiment of this country.
Without warrant or authority, the Marshal took
the place of a discretionary Court. If such
actions wore permitted, citizens could no longer
have the protection of courts of law which seok to
prevent oppression. The laws of the Kingdom
would all be swept away if this kind OF thing goes
on unchecked. 1t is right that courts of
law give damages as punishment to Of
tenders, and as an example to others. He
quoted many instances whore heavy damages had
been lnulcted Tor apparently tflNlal Offences. Daln-
ages to the extent of $500 had been given for
knocking off a persons hat. In this particular
instance, the case was brought into court to save
q duel. 1t is the care and sentiment of the courts
that prevent violence being resorted to-. he quoted
at length from Sedgwick and other authorities.
When there is an injury to a mans feelings, he
ought to receive heavy damages. The defendant
was frightened, thinking no was going to be ar
rested, and for what, he did not know. He consider
ed'that the Marshal of the Kingdom, not acting ac-
cording to law, should be regarded as an outrage.
The matter should be recognized and not
passed over lightly. If it had not been the
desire of the plaintiff to settle this mat
ter quickly. he would not have limit
ed the damages to 5000, but would have
taken it to a higher Court. All officers through
out the Kingdom should take this matter to Thorn
selves, that not one of them can lay a finger on
another man without due authority. 1t was the
duty of every Court to protect the peoples rights,
from that of the King to the lowest man of the
Kingdom.
His Honor gave Judgment for tho plaintiff for
$50 damages and 81 40 costs.