The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-01-27

population the
wealth Of the inhabitants.
OPINION OF THE COURT
The defendant South
Kona Hawaii of the oense of refusing que
tons PrPounded him by of the Board of Education
alleged be relating necessary for the making of com
plete of the 9th day September 1896 violation
of Section T. Chap 70 of the Penal Code amended by Chap
Ia of the Laws of 1873
The law it stood when the was taken
follows:
shall be the duty of the Board of Education
sixth counting from the year 1860 make
petc of the inhabitants kingdom
the king and legislature for their considerations every
shall comprise in distinct columns the number of inhabitants
in each district the number of each and such other prc
lars the Board of Education may direct shall
increase decrease of the population.
Secon II amended TO enable the Board Education
carry execution the design of the last preceding section,
relating the hereby authorized make through
Its agents. all proper and necessary inquiries all persons
hereby required under pain of fine exceed fifty $3.50
dollars imposed by any police district Justice answer
to the best of their knowledge all such questions shall be pro-
pounded by the of the Board relating necessary for,
the making of a complete
The defendant made the bani furnished him,
ing his nationality occupation and religion and
that he and the the members
of his family and empoye living in his residence But he de-
ened fill the blanks response the questions how many
head OF cattle horses mules donkeys working sheep pigs
goats and mich he owned also the material with which
his house is constructed how rooed how many
tanned including kitchen On conviction he appealed this
of them that the law did require
him any questions property
respecting his person and his family age SEX nationality
&c and these he had answered The other points of appeal
do not find necessary decide and for the pur
poses of this that the particulars required by the
blank authorized by the Board of Education
subgen who delivered the blank the defendant and required
him to make full thereon duly qualified
1t is contended by the Attorney behalf
that the questions defendant refused
(being those his ownership of property and its amOun
fairly relatng necessary the making of
pete The defendants that
requires only "a complete of the inhabitants of the Re
public and that the particulars specifically required are only
and that the shall show the increase decrease
the population And other particulars required
blank which defendant declined answer they
aogous required by the law, and had
reference to they to the making OF
pete of the inhabitants
This statute strictly penal statute 1t does punish
nahum and has for It's object the useful public purpose
of securing statistics vet for the purposes this
penal imposes penalty upon
comply with its provisions The provisions therefore, which
affect the defendant be strictly construed We remark that
she questions required by the blank be answered
claimed be frivolous vexatious and the would
afford matter for interesting statistics but the question before
whether under the law they be answered by the nd
vdua inhabtan and in of his refusal subject him fine
Do these refused questions relate they the
making of a complete of the inhabitants?
In details express required except the
of the inhabitants of each district the
the declared object being ascertain the population is
crean decreasing All other details left the discretion
of the Board of Education The dictionary definitions of the
word think in of the statutes in other
which generally require information the wealth
of the nabtant and characer and example
webster defines the word official
ton of the number of the people, the value of their and
other general statistics of the country The word census Is
derived from the Latin 'cescrc. reckon. neither
the dictionaries the reported know, have
undertaken define what particular enquiries properly
relative order make complete of the
inhabitants Being thus left judgment Ques
gernane the object the
tan should that such apPertan the individual
gerane, the nationality These strictly
particulars apperanng the individual Without
preston in the law requiring exhibit the wealth
individual it would be unsafe 90 farther and punish him
for exhibiting in full detail But these particulars
descriptive of the individual nhabant They only express
relation material things of the inhabitants would be
complete without these particulars.
We do find the law broad enough
require them and therefore sustain the appeal
and quash the conviction.
AHOJucy- General Smith. for prosecutions