The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-04-04


q second oilense. II was not done in
haste. He had been summoned be
fore the Council and treated with the
utmost courtesy and consideration.
. To let such publications pass uunotic-
cd would bring the Council into de.
served contempt. They should not
pass Unrebuked. He believed ia the
fullest liberty OF the press, ia the
frankest criticism within the bounds
Of decency. But to ignore cases which
went beyond those bounds as this did
would break down the authority of
the Council at home and abroad.
There was but one course open TO the
Council and that was to find Mr..
Sheldon guilty under Act 10.
Mr.. Ashford asked whether his
client and himself were to be present
during the further consideration of
this question. president Dole, yes. }
President Dole said the evidence rs
to Mr.. Sheldon's editorship before
February il, was not evidence and
should not be considered. 1t was for
Mr.. Sheldon to show however that
he, being editor, knew nothing of the
publication. 1t was not competent
for a man advertised as editor 10
evade responsibility by saying he did
not write the article inquestion, some
one had TO be responsible. Mr..
Sheldon being advertised as the edl-
tor, must be taken as the editor of the
whole paper, including the English.
He must otherwise show that there is
another editor, and who he is. The
contention of Council for defendant
that the words "the same" refer not
TO the Council but to its proceedings
only was plausible, but the context
show d that either construction was
possible. The expressions, "disorder-
ly behavior" would not cover writ
ings. The Council would be within
the law if they found that the |
writings were insulting reflect
,ons either in the Council or
its proceedings. The contention
that the words Provisional Govern
ment," coming in that connection,
did not cover the councils of the Gov f,
eminent was rather fine point. He
thought an attack on the Provisional
Government was an attack on the
Council. In considering this matter
nothing could be taken into account
except the paragraphs actually relied |
on. The policy of puuishing- this |
otfense lay with the Council. Its |
powers We're necessary, but must be
used with discretion, and freedom
from bias. 1t was fortunate, perhaps, |
that this delay had interviewed. The |
Government had to take stronger |
measures than if it had originated |
under other circumstances. There |
was difference between hostile criti- |
cism and abuse. Common sense of |
gentlemen would inform them of the |
difference. If they found Mr.. Sheldon
guilty, the penalty would then remain
to be fixed.
Mr.. Ashford asked the President to |
charge that the remarks referring to |
the Council sailing under a false flag,
etc, was not contempt of the |
Council.
The Attorney General said this was
gu stion of fact as well as law. and |
should be left to the Council.
Mr.. Ashford also requested that the |
President charge that the remarks |
about the establishing of the Protec- |
t0rate We're not a contempt of the |
Council.
The Attorney General said this was |
also matter of fact and law.
President Dole gave the first charge |
with some modification, and said that |
rs to the second the words were not |
actiOnaGle, and were not complained |
of, except as leading up to others.
Mr.. Emmeluth moved the Council |
proceed to ballot on the question of |
guilty or not guilty.
Mr.. Ashford asked for public vote. |
The Acknowledgement thought the |
case analogous to that of jury.
President Dole said it was optional |
with the Council
The motion to ballot was carried.
Mr.. Brown said at the commence |
ment of these proceedings he had |
doubts as to whether this law covered |
Mr.. Sheldon's case, and he had not |
got over those doubts yet. This paper |
was dirty and scurrilOus-it was black |
but he did not know whe. |
Their he could take away mans |
liberty under the Act. proceedings" |
were what happened in the Council, |
and insulting comments were ON what |
happened there. For these reasons he |
could not vote Mr.. Sheldon guilty, |
though he deserved to be punished. |
The objections might be technical but |
he could not get over it and would |
have to give the prisoner the benefit |
of the doubt
Mr.. Damon considered the paper |
beneath the notice of the Council. He |
thought that the proceedings should |
stop now as it had been shown that Mr. |
was guilty. The Council was |
strong and Mr.. Sheldon was beneath |
its notice.
Mr.. Allen said the editor had been |
proved guilty. That was sufficient. |
There was no reason for furnishing |
him. The Council could be magnani- |
nous and let him 90.
Mr. FIN m alptb. Voc Va CON Loft
him go and keep up the same infam-
Gus stuff every day: Every issue is a
facsimile of the one complained of. 1t
was a duty to the community not to
permit another issue of this paper to
be issued.
The Acknowledgement thought it
would be child's play to stop the pro-
ceedings now. He did not understand
the position of gentlemen who adj
mitted Mr.. Sheldon was guilty but did
not wish to go on with the proceed.
ings.
Mr.. Brown thought he could be
found guilty and sentence suspended.
Mr.. McCandless said to stop the pro-
ceedings now, would be to make a
farce of the whole affair. 1t should
be pushed to the end.
Mr.. Young was sorry for Mr.. Shell
don and for any man who was scape-
goat for others; but he could not be
spared. He should vote guilty. Mr..
Ashford had argued very clearly but
it would take 5000 years of such argu-
ing to convince him that Mr.. Sheldon
was not guilty.
The vote for ballot was reconsider
ed and Mr.. Sheldon was found guilty
on a show of hands, all voting yes eX
cept Mr.. Brown.
The Attorney-General moved that
Mr. Sheldon he nernnitted to 60 on his