The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-05-11

10 and "a, relating to the Acts to Mitl-
gate and Unlawful Sexual Intercourse
respectively:
THE undersigned, a minority of your
select committee to whom were refer
red House bill No. 10, an Act to repeal
the Act to Mitigate and House bill
No. "a. relating to unlawful sexual in
tercourse, beg leave to report as fol-
lows:
In regard to Bill No. 10, we agree
with the majority of the committee that
it should not pass, though for different
reasons.
1t seems TO BE- the unanimous opin-
ion Of those who were acquainted with
the condition of things in Honolulu
prior to the passage of the Act to Miti-
gate, in 1860; Of those who have had to
do with the execution of the law since
then: of those who are mindful of the
fact that we have a comparatively large
floating male population, composed
chiefly of seafaring men, of physicians
of experience, of those who are in touch
with the ways of the wOrld-in short, OF
those who know what they are talking
about-that the Act to Mitigate has.
done a good deal to mitigate the eVlls
of prostitution Remembering that IL
was never destined to be a moral meas
IRE but only a sanitary one, and APP
preciating the good it has done, not
only for the present generation but 10Y
posterity, we are in favor OF leaving
the statute upon the books, even IL II
does seem inconsistent to have one stat
ute for the punishment of common pros
titutes and another to provide Tor thelr
health and cleanliness under the SEMI
protection of the law.
CAS- to bill No "a, it seems that 1t
was originally intended to be supple
mentary to the existing laws on the
subject. though the majority OF the COM
unittee regard it as substantially taking
the Mace of the Act to Mitigate as we'll
as being additional to and cumulative
uDon other existing laws. Most OF TINS
hill covers matters already provided Tor
nv laws now in force. Chapters IL and
IL of the Penal Code provide for the
Dunishment of illegal sexual intercourse
in all it's forms, from fornicaton up TO
rape upon children. There are also laws
in force providing for the punishment
of common prostitutes, for the eXam1na-
ton and treatment, when diseased, OF
such as are registered, and Tor thelf
punishment in case of failure to regis
ter; laws against the keeping OF houses
of prostitution; laws for the PUNISH
ment of lewd, wanton and lasclVloud
conduct. and against indecent exposure,
and laws to prohibit libidinous soicIta-
tfons and procuring; yet all these laws,
with more or less modification, are
sought to be re-enacted in the bill now
before us. If any advantage were to be
gained Or any improvement made by
substituting the proposed Act for the
Dresent laws. we would advocate the
change, but no advantage is to be gain
ed from multiplying statutes upon the
same subject.
Zone new provision to be found in
this bill is that while requiring
DrOstituta to report for examination,
it provides that if she is found to be
diseased she is TO be prosecuted for
unlawful sexual intercourse, the pen
aIty for which may be imprisonment
not sXceeding three years, or hne not
exceeding five hundred dollars, or both,
in the discretion Of the court. The eff
feet of such provision viii be TO cause
all prostitutes who are diseased to con
ceal their disease from the authorities
and spread it broadcast among the men
who Datronize them. But the principal
innovation is made in Section OF the
hill That section provides that when
any Derson. male or female, is believed
nv any other person to be guilty OF I'M
lawful sexual intersoursa, he or she
NAV be arrested and subjected TO
Dhysical examination, and If II be found
that such person has sexual disease,
he or she may be detained until cured.
and in addition may be prosecuted Tor
unlawful sexual intercourse and pun
ished as above mentioned
1T is doubtful whether such law
would be constitutional. Even IL II were
enacted it is not likely that 1t would
ever be enforced, because it IS so ap-
surd and impractical. II leaves 100
much room for abuse and DIachIn"lI'
THE fact that unlaWIu' SeHuaI ll.'7I
course continues, apparently without
abatemant notwI.hscan ling that pre-
bibitory laws have been in force these
MANY years, some of them since the be
ginning of civilized government here
would seem sufficient to convince the
most skeptical that il is Impossible 10
s+arnD out the sO-called social EVIL d.
legislative enactment.
The increase in the number OF Jap-
anese prostitutes has been mentloE'o aS
a serious menace to he morailE o. the
community, but we believe that 1t IS not
an unmitigated evil, for il has undouD5-
edIv relieved to a great extent the ire
mendous pressure which the native
women have heretofore he'd TO stand
IN the detriment OF he Hawaiian race,
both physically and Eaorally.
while we favor the passage II ali
manner of wholesome and reasonable
laws for the protection Of the good or
der and morals of the community, wa
cannot advise the passage of this DILL