Hawaii holomua = Progress., 1894-03-13
The Violent ACT

mcnt Of M W. o. smiths
violent act or course il is un-
dsrstood that the members Of the
family compact must stand to-
tbeT Trough mud aud mire,
bat ue are surprised though to
see editor Castle. who Il times
gives Indication Of possessing
some liberal ideas endorsing
measure which Is Sc thoroughly
dospotic. We viii not mention
the two ug is, features in Nj.
Smith Act the one that sets the
Act above the Constitutiouand
ihe one tlat lays the burden on
the accused to prove his inno-
ceuco. The two clauses contain
ing these two provisions should
be enough 20 kill the Act or. il
passed b. lead the government
into a constant imbrogl,o o
with foreign powers and their
representatives. The principle
which does away with tue jury
system L. TO our idea the most
obnoxious aud the one which
most truly shows the true char
ncter Of TIE Provisional Govern
ment and the cloven boot Of that
would be autocrat ". o. Smith.
Many years ago in oar treaties
with France and Great Britain
there were always stipalations
made that citizens Of those
countries residing in Hawaii
should only be tried for any
crime by jury selected by the
respective consuls. Such stipu-
lation wa necessary at the time
because tire Hawaiian Courts
were uulno.-n and most likely
thought very Ii, lie of.
These stipu.' 'ations were
omitted fom later t. ~eaties simply
because the courts Of 'awaii bad
been found equal in dh 'pensing
Justice With those of the most
civilized countries. Judges L ee,
Robertson. Dawes. Harris. Aus
tin. Preston and many other
lumiuaries secured a feeling of 1
respect NJ i esteem for the Ha- /
wsiiau Supreme Court that for /
eiguers as we'll as Hawsiians ex- |
pressed their absolute confidence /
in the decisions of our courts. /
Moreover. all our different consti
tutions provided for jury y-trials |
and no man was convicted of
crime without being found guilty /
by jury Of his peers. But times |
are changed. The partisanship |
and fauaticsm Of our
Judges which led them into the
vortex Of politics filed the com
lnuni,y with grave apprehension,
but vet tfcua was a shadow of a
Constitution left, and under that /
The right o trial by jury. The /
Attorney -Geuer,l now proposes
10 do awav With ihas palladium
u the liberty of men. and he
proposes 70 arrest man and /
accusing him Of some crime. not /
made specific. 10 request htm to /
nnave himself innocent before
stump speeding District Judge /
OF the Attorney Generals ere /
si,on-wsa the right of appeal
to a more stump-sleech'ng /
Supreme ndge whose principle /
las been land down in bis famous
words. We either hang togst er |
ar we harg singly. And that
is the form OF legal procedure /
which the ?. G. intends 10 IN
sugnrate n land Which thsy
hope to call free repnhlic j
s,orshy 20 become a member Of /
he great American Union. For
soo,h Mr.. " o. Ssniih's feelings /
against jerys mast be intense.
That be always disliked and mis-
tsossed. to Hawaiian inry Is well /
knowa. bit II was only daring
;he last terra that be. ia tae
aloSsnan case. openly denounced
sae fogSsga jury Heucs his
desire 10 abolish the inry system
alt age,her The method propcs
ei ii his v.olen, act feminds US
sbcat the Frsseh magistrate
before when an accused criminal
was brought. The msgist
tate Immediately pronounced
sentence over the poor
devil aud when barrister mildly !