The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-02-25
HOUSE.
Eighth Day. February p.


House called 10 order al The usual
hour. Rep. kaai again present after
illness
TIE Attorney-General addressed 10
The Speaker The following:
! reply 10 the question propounded
BIZ The member from the =th District,
A Y Gear. BY what authority or
statute do sheriffs and other officers
exercise the power Of allowing or dis
allowing warrants OF arrest 10 issue
By endorsing their refusal or approval
on the same and thus exercising the
functions OF judicial officers. l would
state.
The Acknowledgement. the Marshal
and MS subordinate officers are eharg-
Cd with me duty Of enforcing the law.
The Acknowledgement and the Of
fcs-S authorized by him or by statute
20 represent the prosecution in criminal
cases before the courts are charged
with The duty OF presenting and carry
ing on criminal prosecutions. Those
who have The authority 10 represent
the Government in criminal cases
brought before The courts have the
authority 10 refuse 10 bring such pro-
Csedilss OF 20 enter q nolle proSequi.
The control Of criminal prosecu-
lions Is in the Department Of the At
-orney-General After q criminal pro-
secuuon has once been begun and evil
6encs aiken before the court. the court
has jurisdiction in the matter OF Ger
tain OF the proceedings thereafter can
only be taken with the approval OF
The court.
The rule Of custom which has been
adopted Of requiring the approval OF
The prosecuting officer before the mag
iS-rare issues his warrant OF arrest is
not 2 statutory provision but an IN
de-tznding which. has been in force
for many years. Il Is due the officer
representing the prosecution in any
district 70 have knowledge Of criminal
cases which are 20 be brought before
The court and IL Is Of assistance TO the
magistrate to have warrants OF arrest
approved by this officer before they
are Issued.
No magistrate should issue a war
rant q arrest without being first sat
5s6e5 that there IS reasonable ground
20 believe that the party accused is
guilty. X is not his duty 70 try 70 pre-
Su5ge the case before il is regularly
brought before him. but he must be
satisfied that there is reasonable
srourd for she prosecution. The OBJ
Servsnce Of the custom referred TO OF
requiring the approval Is Of assistance
70 the magistrate in this respect.
WhAe the pratice referred 40 has
beer observed Tor many years. IL has
Seen with the distinct understanding
chst the magistrate is not obliged 20
vsic Tor this approval before issuing
his warrant
Before this custom or practice was
adopted. 81 not intre0ueatly happened
rhst qeSooes under temporary excite.
uent would apply for the issue ~ a
warrant and. upon subsequent tpveStie
ssscc. t woali De found that there
vsS no merit IN The case az all, Ia this
way paroles were Subjected 20 great IN
convenience and injustice ana NnneceSe
SsrE. expense was Incurred.
In conclusion. I would state that
tae custom votcTyV3 10 is not one 10 be
arbitrarily exercised bar experience
has proven tAat when q Is reasonably
entooce6 u results 70 the benefit % the
committees
Referring 10 this matter. Representa-,
ave Robertson spoke IN part as FOL.
lows; The law gives every person who
AeSeVeS an oHoaSa has been committed
the rtghl 70 make complaint To the
DiS,riSt Magistrate ana TO obtain IRON
h5m under sworn statement. a war
rSaJ, A practice had grown up reQuir-
3nk tAe approval o. the Marshal, his
deputy or deputies, in the other dis
trac;S and, unless The warrant De o.
k'6 by the prosecuting officer. the Dis
tricS Magistrate refuses 10 sign, fur-
Tier than in this ne goes beyond the
iSw and, submit, further than is
proper ! protest against this practice
which. the Attorney General himself,
admits has grown mp, Il is time il was
stopped"
Representative Loebenstein protest
81 on behalf OF the people and from
his place against the practice OF the
signing OF warrants by the Sheriff or
Deputy Sheriff