The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-09-23


# IN: law is, that he Is waiting TO SCI (
the Legislature will pass an /
oTinm license law"
II il not clear 10 your committee why I
the Marshal should take upon himself TO |
openly violate the law which the Legs |
Iature has enacted. upon 30 unsubstan- /
tial pretext as that above quoted. "A !
we'll n ght the Marshal arrozate 70 him /
self the power land pursue the practice
u suspending the operation Of any or all
penal laws which d not commend them
selves 10 his Judgment, upon the precext
that he wishes To await legislative action
To legalizs acts now forbidden under
penal statutes.
Your committee deem such action Of
The Marshal not only illegal, but entirely
nexcusable, and the Government should
have the benefit Of the proceeds OF the
sale of such opium a. soon az may be
after il has served It's purpose a. evidence
in any suit which may be pending con-
corning it. And your committee recon-
mend that HIS Excellency the Attorney
General be requested to at once give his
attention to the violation OF the law
herein referred TO- and to insist upon the
prompt OBJ seryance Of the law in question
in the future.
Another feature Of which your COM
mittee complain, in connection with the
administration OF the opium laws by the
Marshal, is the arbitrary and unreason-
able manner in which that official AFRO
gates TO himself the junction OF Judge
and jury, in the matter OF the distribution
of the one-half portion OF opium fines,
which by law should be paid to the in
formers.
The law upon that subject, as found in
Sections l and 3 OF the Opium Act,
(Chap. 20, 1887 provides for the impo-
sition OF certain fines upon parties con-
victed Hereunder, "one-half OF which
pecuniary penalty shall be paid TO the
party giving the information which
shall lead to the conviction OF the
| offender"
We find that, processing to act under
the above provision, it has been the
| habit of the Marshal to obtain from the
| Police Justice one-half of all opium fines
| paid TO said Justice, and in case of the
payment of such fines to the jailor at
| Oahu Prison, or at the MarshaPs Office,
| it has been the habit of the Marshal to
retain one-half of the same, ostensibly
for the purpose OF payment to the in
| formers.
We can find no authority Of law for
such action on the part of the Marshal.
| The law does not make him the cuSto-
| dian or the disbursing agent OF such
| funds, much less does it invest him with
the function Of adjudicating the claims Of
/ rival claimants to such funds.
! Yet we find that the Marshal has also
assumed the judicial function OF sitting
| IN judgment upon such claims. He has
constituted himself tribunal, sitting in
secret, without a code of law or practice
to control or influence his decisions,
| and, thus sitting as a Star Chamber
| Court, he assumes to disburse and dispose
of such funds according to his own will,
and without any appeal from or other
check upon his actions on the premises.
To recite particulars, your committee
invite attention to two instances which
came under their attention:
| We find that nearly year since, Mr.
| VIM. j. Sheldon made capture of two
Cinnamon with opium in possession in
! the stable OH the premises OF J. d. Holt,
in Honolulu. The Cinnamon pleaded
guilty to the charge OF unlawful posses
sion of opium, and were fined $3.50 each,
being $500 in all. These fines were paid
and one-half of the total, being $3.50, was
retained by the Marshal, ostensibly for
payment to the informer. Mr.'Sheldor
was a claimant for the amount named
but the Marshal paid him only $50 o
said amount, retaining the balance, 800
The Marshal explains this remarkable
transaction by declaring, first, that Shell
don had nothing to do with the seizure
and capture in reference, and second
that he, the Marshal, retained the re
naming 500 ''as general fund fol
oninm detectives"
With regard to this explanation you
committee cannot understand why tn.
Marshal paid Sheldon anything, if, al
that official claims, Sheldon chad moth
ing to do with the seizure" Ii, on thu
other hand, Sheldon was entitled to any
thing as an informer in the premises
why was he not paid the full amount O
such penalty, viz, $3.50? There beini
, no other claimant, Sheldon should bav
had all, if entitled to anything, and,
. not concerned in the seizure, as claimed
by the Marshal, the payment of the s15t
: to him by the latter was entirely uniusti
fed and without shadow of excuse
Further than that, the action OF tn
J Marshal in retaining the remaining $40
| of that fund was, in its most innocen
aspect, pure assumption OF power, an
: his reason for such action, viz, that h
except it as general fund for opium de
tectives," shows either persistent ignc
3 rance, or studied defiance of the Law
: alike censurable in an officer VINO
placed at the head of the force assigne
! to enforce the laws.
) Your committee therefore feel that tn
e Attorney-General should exercise hi
authority to compel the Marshal, in tn
/ instance cited, to devote the balance
3 his hands to the purpose for which tn
0 law intends it TO be applied.
|. The Marshal's explanation OF hi
!. course in these matters. cannot be bette
e explained than in his own words. take
down by member OF your COMMITTEES
at the time OF one of our conference
u with him, which we here quote:
The Marshal said There is no r,
q cord kept of the claims to share in thes
q fines, no formal claims, in writing al
e filed, except when made by outsider
: lnon members of the Police force). OF til
= $3.50 in the Holt opium case, paid s15
4 to Sheldon, l kept the remaining 800 {
8 a general fund for opium detective
Sheldon had nothing to do with ii
b seizure, I pay part OF the fine to al
e parties concerned, at my discretion.
+ stopped the practice of running
= smokers, and those found with opiul
= pills in possession, by stopping the pa,
), ment OF the half of the fine to the Polio
;. I do not keep a record OF the diyisio
n of fines, and take no receipts, as the:
Of are things not supposed TO be known