The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-05-19

unitred in public" or IN q public
Mace or place O. public resort" and
the meaning Of such words has been
! CONSUMED from the nature Of the act
sud the mischief 10 be remedied taken
with the locality and its accessibility
/ TO the public OF people in general. as
in ARRAYS. .-intoxicstion," indecent
exposure gaming" profane ours
Ing" using protane snd obscene Ian
susee~
The term public place" is relative
enc: what is public place for one pur-
pose is not for another.
Ie Am. & Eng. Encyc, Of Law. SIS.
~Tzsa-ic1tioE. State V. Sewers, 81
Ind. Sll. State V. Stevens. So y, II. 50.
~ArrayS" Rex Y Hunt, Cox CT.
Or. Gases, liz.
~GamiHg." Graham V. State (Ala)
Is So. Rep. es4-
But these instances are not so snalo-
sous SIS the cases Of the exposure Of the
person, indecent exposure In such
cases, il is not necessary that the place
Be one where the public have sn in
discriminate right Of access; il need
not Be open 10 the general public. BE-
cause s place which Will ordinarily be
deemed private may, by virtue Of the
circumstances under which the expos
urs is made, come within the meaning
Of the term The act itself being one
against 6ecency and affecting good
morals has great effect in determining
whether the place is 8 public place.
--- or-No,,-H - -,s-r- -, .,,-, - 49,
private premises or in ones private
ward, Yet If in view OF the people pass
ing or in view Of neisbors' windows or
81 q window OF ones own house in sight
Of passsrs by, il is done in q public
place
The place is 3 public one If the ex-
poSure is such that it Is likely 10 be
seen by number Of casual Observers.
Van Houtsn y State. Il NJ. Lsw. Is.
Am & Eng Encyc- Of Law. SS4.
The object and intent OF this statute
fOrhidding the use OF obscene language
Is the same as that Of the stat
utes against indecent exposure. and
both are for the protection OF de-
osney and good morals. To say
that person may stand within the
boundaries OF his OWL private premises
on public street and make use OF OBJ
scene language or expose in6ecently
his person in such situation that
passers By on The public road might in
the first instance hear and in the SEC
ond see, and Yet not be guilty on the
ground that the place is not 6 public
one within the strict letter Of the sta
tute. would destroy the true intent of
the Act
II is claimed that the use in the Act
Of the words ''or other public place
limits such place 10 street, highway.
shop or store and places similar: that
the construction Of penal statute
should be liberal in favor Of the &C
euSed-
The Court cannot by construction
create crime or offense. In the Queen
y Gay. Haw. Al the Court say, a
penal law cannot be extended by con-
SrucIion- The act constituting the
ofense must Be- within both the letter
and spirit Of the statute. Unless the
proper meaning Of the language of the
statute brings case within its letter.
the rule Of strict construction forbids
the Court 10 create crime or penalty
ty construction. and requires il 10 avoid
the same by construction
In the Queen :. San Tana. g Hew
13S. We cannot change the language
q the statute. supply want, OF en-
large upon il in order 10 make il suit
4 certain state OF facts We DO not
legislate or make laws Even where
The Court is convinced in its own mind
that the legislature really meant and
intended something not expressed by
The phraseology OF the Act. il has no
authority 10 depart from the plain
meaning OF the language used 1 can
not doubt says Lord Campbell. what
the intention OF the legislature was.
but that intention has not been carried
into effect By the language used.
L is far better that We should abide
Q! the words Of the statute than seek
20 reform il according 10 the supposed
intention Every departure
from the clear language Of the statute
Is in effect an assumption OF legislative
powers by the Court II has indeed
been inlimated that this is the case
whenever the Court permits the con-
sideration Of consequences 10 dictate
the construction OF z doubtful act The
judge must decide but the law has not
spoken II is evident that his func-
lions necessarily become 10 z certain
legislative (Endlich on Int Of Stat
pp- 10-12)
The only means the Court has of
finding the intention of the Act is from
the words in which it is expressed"
The Court couldano make the word
forward mean solicit" OF pro
eure0
In the present case, We are not at
liberty 10 declare that the offense is
complete and within the true meaning
and letter of the Act unless the place
where the onense was committed is
within the meaning Of the words '-or
other public place"
One rule of construction is that
where a general word follows specific
and particular words of the same ma
ture as itself, IT takes its meaning from
them and is presumed 10 be restricted
TO the same genus as those words, or as
comprehending only things of the same
kind as those designated by them End
Itch On Int Of Stat Sec. 405.