The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-04-07
OUR PENAL LAWS.
A Progressive Move in Favor Of
the official Recognition of the
Ballou Code

bho OulCldl INoCORulllOu VI bho
Ballou Code
An adjourned meeting Of the Bar
Association was held yesterday after
noon in the Office OF the Attorney
General, the Attorney-General pre-.
siding, to discuss the wisest action
to be adopted in connection with the
codifcation of the Penal Laws OF
Hawaii, and more especially with
the compilation so laboriously and
effectively made by Mr.. S. M. Ballou
of the Hawaiian Bar
At former meeting of the Bar
subcommittee consisting OF the
Marshal of the Republic A. NJ
Brown, Ex-Attorney- General An
tone Rosa, and William A. Henshall,
was appointed to compare Mr.. Bal
LOUIS codiication with the statutes.
This committee reported as follows:
w. o. SMITH, ESQ, Chairman Of Ha-
waiian Bar Association.
Dear Sir:-Your committee, APP
pointed February 2lst, 1898, for
the purpose of comparing the Penal
Laws compiled by S. M. Ballou,
Esq, and entitled, "The Penal
Laws OF the Hawaiian Islands, 1897"
with the existing penal statute laws,
aud also for the purpose Of
sscertaining whether said Penal
Laws contain all the Penal Laws of
this Republic, begs to report that
said Penal Laws contain and
embrace, as far as your Committee
knows and has been able to
ascertain, all # the Penal Laws Of
the Hawaiian Islands, and that with
the exception OF the following
matters said Penal Laws agree in
manner and form with the Penal
Statutes OF the Hawaiian Islands.
EXCEPTIONS.
/. Sections 65, &C and 67 of said
Penal Laws, the same being Sec
tions 65-67 Of S. l.. 1895, Act 9, have
been declared void aud imperative;
r. VS.. Ii Shat, 10 Haw. 1852; we think
the note should state that they have
been so declared.
2 Section 205, Penal Laws, word
"to" omitted. 1t should be as in Sec.
ton 3, S. l.. 1884, Chapter 81, "shall
supply to the same," instead OF "shall
supply the same" as in said Penal
Laws.
3. Section 324, Penal Laws, reads
"or liable to be injured thereby
should be "are liable to be injured
thereby" See Penal Code, Oh. SO
Section /.
4. Penal Laws, Section 1926: All of
said Section has been repealed except
the last paragraph, which reads,
"The possession of such distilled
liquor shall be prima facie evidence,
etc" See Govt v. Sakuhachi, 8,
Haw. 1888. We think the note should
state that the same has been SC
repealed.
5. Penal Laws, Sec. 466, same as
Sec. l, Chapter 67, S. l.. 1883, has
been declared unconstitutional. See
King vs., Fernandez, Haw. sos; we
think reference should be made
thereto in the Note.
6. Penal Laws, Sec. 40, same as
Sec. 5, Chapter 81, S. l.. 1888, has
been declared unconstitutional; see
Wing Wo Chan & Co. VS.. Haw. Govt
7 Haw. 500. We think that Note
should so state.
7. Penal Laws, Section SAL, reads
"to show that arms or munitions oil
war;" it should read as in p. G.. Act
81, ito show that such arms or NUM-
tions OF war"
s. Section $40 Penal Laws states
the fee for granting marriage licenses
to be twenty five cents; it should be
zone dollar" as per S. L. 1886
Chapter 81.
8. Penal Laws, Section 1877, reads
Sand in default or payment" should
read, land in default of payment
See S. L. 1886, Chap. 10, Sec, 6.
10. Penal Laws, Sec. 1898, the fol-
lowing: and covered with in
flammable material for sign or any
other purpose" is left out. See S. L.
1856, Oh. 2, Sec. 4.
IL. Penal Laws, Section 1894; the
following: "upon an order from the
Minister of the Interiors" is omitted
See S. l.. 1886, Oh. 2, Sec. 5.
IL Penal Laws, Sec. 1919 refers to
Sec. 1913 of Civil Laws; it should
refer to Sec. 948 of Civil Laws,
While it is probably correct to