The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-05-12

No. -. relating 10 unlawful sexual IN
] tercourSe. beg leave TO report as fol-
lows
In regard 10 Bill No. 1s. we asre'
with the majority OF the COMMITTEES thai
il should not pass. though for different
reasons.
IT seems 10 b. the unanimous opin-
! ion Of those who were acquainted with
] he condition of things in Honolulu
/ prior 10 the passage Of the Act to Miu-
gate. in 1859: Of those who have had tC
do with the execution OF the law since
/ then: Of those who are mindful OF the
fact that we have q comparatively large
I floating male population. composed
I chiefly OF se2faring men, Of physicians
Of experience. Of thoSs who are in touch
with the WAYS of the world-in short OF
those who know what they are talking
| abOut-that the Act 10 Mitigate has
| done 3 good deal TO mitigate the evils
Of prostitution. Remembering that il
was never designed 10 be moral meas
urs. but only q sanitary one, and ap-
precisting the good it has done. not
only for the present generation but for
poSteri1y. We are IL favor Of leaving
the statute upon the books. even If il
does seem inconsistent 10 have one stat
ute for the punishment OF common pros
Jitutes and another 10 provide for their
health and cleanliness under the semi
protection Of the law.
AS 10 bill No. -. il seems that il
was originally intended 10 be supple
- ~, ~hn
subject. though the majority Of the CON-
mittee regard il as substantially taking
the place Of the Act te Mitigate as well
as being additional TO and cumulative
upon other existing laws. Most Of this
bill covers matters already provided for
by laws now in force. Chapters II and
IS Of the Penal Code provide for the
punishment Of illegal sexual intercourse
in sn its forms. from fOrniestion up 10
rape upon children. There are also laws
IN force providing for the punishment
Of common prostitutes. for the examina-
tion and treatment. when diseased. of
such as are registered. and for their
in case Of failure 10 regis
ter; laws against the keeping Of houses
OF prostitution: laws for the punish
nent OF lewd. wanton and lascivious
and against indecent exposure. /
and laws 10 prohibit libidinous solicita- I
lions and procuring; Yet all these laws, I
With more OF less modification, are
sought 20 be re-enacted in the bill now 4
before Us. II any advantage were TO be
gained or any improvement made by +.
the proposed Act for the
present. laws. we would advocate the 4
,hange. but no advantage is 10 be gain
ID from multiplying statutes upon the
sane subject
One new provision TO be found in
this bill is that while requiring q
prostitute 10 report for examination.
Il provides that il she is found 10 be
diseased she is 10 be prosecuted for
unlawful sexual intercourse. the pen
atty for which may be Imprisonment
lot exceeding three years, or fine not
sxceeding five hundred dollars, or both.
u the discretion Of the court The ef-
ect Of such : provision viii be 10 cause
III prostitutes who are diseased 10 con-
cal their disease from the authorities
ND spread il broadcast among the men
Who paroniEe them. But the principal
innovation is made in Section 5 OF the
pill That section provides that when
my person. male or female. is believed
~ any other person 10 be guilty of IN
awful sexual inJsrSourSe. he or she
nay be arrested and subjected TO q
,hysical examination. and II il be found
hat such person has 2 sexual disease
le OF she may be detained until cured.
nd in addition may be prosecuted for
Unlawful sexual intercourse and pun I
she'd as above mentioned.
1t is doubtful whether such law
7Ould be constitutional. Even If Il were
nscted It is not likely that il would
yer Be enforced. because II is 50 alb
urd and impractical. L leaves too
much room for abuse and blaekmaiL
The fact that unlawful sexual inter
ourse continues, apparently without
batemenJ. aOrwI-hsSzn Ing that pre-
.ibitory laws have been in force these
many years. some OF them sine the be-
inning Of civilized government here
7ouId seem sufficient 10 convince the
most skepJical that i Is impossible 10
Ismp out the So-eall=i social evil b.
legislative enactment
The increase in t1e number of Jap
ness prostitutes has been msnti0rad as
serious menace 20 he morality OF the
Ommunity, but We believe that it is not
4 u1miIigatsd evil. for j. has uadoub5-
dly relieved 10 great extent The TIRE
nendous pressure vhieh tie native
yOmen have heretofore had 70 stand,
o the detriment OF he Hawaiian race.
9th physically and morally.
While We favor the passage Ct all
manner Of wholesome and reasonable
avs for the protection of the good or
Ter and morals Of the community, we
,snnot advise the passage Of this bill,
10 matter how good the intentions of
he AMATEUR REFORNERS and the
PARKHURSTS who ad-
-OcsIe il may be
We therefore recommend that both
Dills be Indefinitely postponed
a G. n ROBERTSON.
R RYCROFT."
Proposed amendment TO Article 63 OF
he Constitution was made the order OF
he day for Monday.