The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-10-21

declare empha tically that they are untrue
in substance and effect-what can be the
opinion regarding Mr.. Davies for veracity
and honor? Would such conduct in a
public man be likely to pass unchallenged
and unquestioned among gentlemen We
need not reply; the-answer is obvious.
And this brings US to denial 3, that the
report stated that the Inspectors of Immi-
grants had any judicial powers This is
denial Of something the ADVERTISER never
stated The report does not contain any
thing about inspectors" It stated that
at the demand Of a foreign government,
steps are now being taken for the appoint
ment of foreigners as protectors of immi-
grants, without even the formality Of asking
that laws be introduced to authorize such
appoin tments." Now the officials contem-
plated by the report would necessarily enjoy
judicial powers, else how could they dis
charge the functions of protectors of i'm
migrants?" We pointed out that special
inspectors of immigrants, not ''pro tectors,"
had been appointed; that they were officers
of the Hawaiian Government, paid by it
! and under its control; and that these in
spectors pos sessed no judicial powers. We
| furthermore stated that the authors of this
report deliberately misstated the facts of
these appointments to make point against
the Government. We repeat this charge,
added to which Mr.. Davies has committed
the further offense of intentional prevarica-
ton in giving us the lie on tatement we
| did not make.
| We now come to the remaining categorical
| denials. Mr.. Davies says it is not true that
/ his report states:
4. THAT the administration of justice in
the minor Courts is not as good as it was.
5. ''That Royal Commission was re-
quired to take the minor Courts out of the
reach of corrupt political influence"
In rejoinder we say that the report states
in substance and effect this and nothing
short of it. We invite our readers to refer
| back to paragraphs 2, g. and of the re-
port above quoted, and they will find the
foundation laid in these for the subsequent
recommendation for Royal Commission.
The laws themselves are admitted to be
admirable, but the report wished paragraph
81 ''to bring very emphatically before the
association the Importance of seeing that the
| CAlSlAA6 AShSt anu OSPCSldAA5 ShOSS III SOh-
nection with laborers, shall be carried out
so we'll that they shall be held in respect by
planters, by laborers, and by those nations
and Governments upon whose good will we so
largely depend for our labor supply Para
graph AYERS that the present laws are sat
isfaetory. Paragra phi 5, however, in TINA ties
that grave complaints, not of the laws, for
these are satisfactory, but of the admins
tration of the laws, had been made, influence
ing foreign Governments adversely to the
labor interests of the Kingdom. Paragraph
6 Landed the admins tration of justice in
times past. The seventh paragraph pur-
ports to show that a radical change had
taken place, as evidenced by the appoint
ment of protectors of immigrants" at the
demand of a foreign Government, while par
agraph sets out as follows:
8. ''Such demand can only be regarded
as a reproach to the nation, and the COM
pliance with the demand as an act of humih-
alton. It is virtual assurance thai
our reputation for the administra-
ton of justice in the local Courts is not
as good as it was. We do not say that the
Administration itself has deteriorated, but
that it is clearly unequal to the demands
now made upon it. And, as matter OF
fact, we know that the construction of the
Police and District Courts does not possess
the confidence Of those upon whose good re-
port the judicial reputation so largely
depends"
Words have no meaning if this paragraph
from the report does not convey the i'm
preston that the admins tratiOn of justice
in the minor courts is not as good as it
was The report indeed remarks: ''We
do not say that the administration itself has
deteriorated, but that it is clearly unequal
to tie demands now made upon it," If it
be unequal to the demands made upon it,
clearly the administration is not as good a.
it was when it was fully equal to those de-
mands But this is not all. The next
sentence AYERS: land, as a matter of fact,
we know that the construction of the Police
and District Courts does not possess tie
confidence of those upon whose good report
the judicial reputation so largely depends"
If, therefore, these courts do not possess
public confidence, and are unequal to the
demands now made upon them, as the re
port alleges, most certainly it does convey
the impression that the administration of
Justice in the minor courts is not as good as
it was, which it likewise states the Govern
ment virtually acknowledged.
We have thus established the truth of our
position and the faIsity of Mr.. Davies de-
NAL regarding the administration of justice,
out of his own mouth. And his fifth denial
that the report did not state that Royal
! Commission was required to take the minor
| courts out of the reach of corrupt political
/ influence, is controverted by the same pro-
| cess. The concluding sentences of para
/ graph 8, the beginning of which is quoted
! above, starting with the words, ''and here
we touch the point of legislation is CON
| elusive against him. 1t goes on: 1.-The
/ comparatively recent act which placed the
! appointment of magistrates within the posi-
! bility of corrupt nominations, has inevitably
! lowered the standard of, and public conf
! dence in, the magistrates so appointed. The
! admins ira ton of law must be absolutely
| pure, and any attempts to bring the Courts
| of the Kingdom within the reach of political
! influences will necessarily dim the luster
and lower the standard of Hawaiian judicial
purity Neither sovereign, nor minister,
nor legislator, can prevent this result, and
therefore we earnestly protest against any