The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-11-27

The lack OF proper qualifications in a
considerable portion of the minor judic-
iary is a serious obstacle to the due and
efficient administration OF justice in this
country. The mental and moral quail
ties required TO make a good District
Judge or Police Magistrate, though in
ferior in grade, are not essentially differ
ent in kind from those needed in the
highest grades OF the judiciary. 1t is not
enough that a man is honest in the COM
moner and coarser acceptation of the
word. 1t win not suffice that he would
| not lie or cheat or steal, or that he is
above the vulgar crime OF taking brides,
or OF deliberately shaping his decisions
SO as to propitiate influence Tor his own
advantage, or to make things easy for his
friends, and squeeze his enemies. The
one radical, essential, fundamental
qualification for good Judge OF any
kind, high or low, is that he shall be
just, which implies great deal more
than that he shall not be a liar, swind-
Ter, bribe-taker or thief. The man
who is to occupy the seat of justice needs
to be pre-eminently candid, fair-minded,
level headed, and free from prejudice of
all kinds, whether political, religious, or
personal. Experience has shown, I'M
fortunately, that these qualities are by
no means superintendent, even among
those who are ordinarily rated as inteli-
gent and educated, and who have a fair
reputation for general integrity. How
then can We expect to find them existing
very plentifully among the class from
whom the judges Of our local tribunals
are, as rule, almost OF necessity taken.
In Honolulu, and at few other points
where population is concentrated, there
exists sufficient material from which it
is possible to make good selections, and
the pay attached to the office will, if the
appointing power is wise in its choice, Sc
cure the services OF reliable and competent
men. Throughout considerable portions
OF the Islands, however, the population
is sparse, and the number of properly
qualified persons in any one district
either few or none. The exceptional
resident who, by character and intelli-
gence and experience, would be best
fitted for such position is apt 10 be en-
crossed IN his private affairs, or already
holding from one to five Government
offices. Again, owing to the compare
lively small amount of business coming
before the minor courts in the thinlv
populated districts, the salaries apsro-
priated are not such as would compen-
safe any resident for giving up or ne
glecting any really remunerative occupa-
ton, or, in the absence of any available
material on the spot, induce any compe-
tent person to come in from outside to
fill the vacancy. As natural result of
these causes, we have a conspicuous lack
OF that intelligence, impartiality, uni
formity and consistency in the admins
tration OF our laws, especially of the
penal code, which ought to characterize
country making the claims to advance
ment that are put forward on behalf of
these Islands, and having its jurispru-
dence framed on Angio-American models.
We shall probably return to this subject
on some future occasion, and perhaps
give few illustrations OF the astonish-
ing way in which our Hawaiian Dog
berry's sometimes "dispense with JUS
tice." in The country districts.