The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-03-04


There seems to be some misappre
hension on the part Of the members
who have spoken in favor of the reso-
luton introduced by Representative
Robertson. 1t has been said by these
that the practice has been contrary TO
the law I submit that it is just and
authorized by law, absolutely. l do
not consider it a derogation to any law.
The three branches of the Govern
ment are coordinate and each has an
equal power in its own sphere. When
l mentioned that the practice had
been long before me, I did not mean
10 shirk anything. Mr.. Preston was
the first Attorney-General TO put the
matter in force and it has held TO the
present day II was deemed for the
best interests of the country and 1t
has certainly borne that out. The
words domineering usurpation of pow
Ter and like phrases have been used by
members in speaking about the mat
ter. l do not think that these have
very much force in this case. Author
lily has to be lodged somewhere. When
lit comes TO the enforcement of the law
under the department OF the Attorney
General. the Marshal and his deputies
can stop prosecution in any case by
entering nolle prosequi. The great
question to be considered is whether
the thing complained about is for or
against the public interest. A Grim
: inal case is sure be prejudiced when
left entirely to the District Magistrate.
The District Magistrate must have suf-
ficient cause before he issues war
rant. I believe the practice to be a
sound one and l can say this with ev-
cry confidence. 1t is seems to be to be
necessary that a District Magistrate
shall sit on case with an unpreju-
diced mind. l do not deny that some
officers who have been or are in the
employ of the Attorney Generals De-
: partment may be inefficient, injudici-
Gus and some OF them perhaps, corrupt.
If we could have ideal men with in
: faIlable judgments in all of the Offices
of the Government, then We would be
I ready for the millennium and all things
should cease But we have to deal
! with men as they are. / do not claim
that every one in my department is
immaculate For many years back,
there has been a fair administration
1 OF justice and the record here will
show we'll against that of any country
that might be named. ! believe that
5 some of the members of the House
!, have spoken without full knowledge
of the circumstances involved in the
: case. There have of course been
: abuses. In regard to the resolution
:. l should say that in case it is adopted
it would require very careful thought
to ascertain just how binding it would
E be- 1t is my desire on all occasions
TO carry out the will of the Legisla-
: ture and the spirit of the law. Man
1 is only for the time. Society and the
: laws continue. Because now and then
l there is an abuse is no reason that
L the rule should be put an end to al
e once. Where there has been one abuse
under this procedure there have been
j many abuses by the issuance of war
I rants that never should have been is
Il sued. In the main the practice has
: been beneficial. If it is entirely alb
: olished the resolution may go more
: toward encouraging litigation than
: diminishing the wrong spoken of"
V Representative Robertson arose 10
n answer the arguments OF the Attor-
# ney-GeneraI and spoke in part as fol-
It lows:
: The Acknowledgement remarked
that the person who introduced the
: resolution was laboring under a mis-
T. -Io-
It that is just what the matter is with
e the Attorney-General. The laws should
T be enforced as the Legislature made
e them and not as any encouragement
: for the time being sees fit that they
o should be enforced. The law makes il
the duty of the District Magistrate to
= investigate to a certain extent various
j. cases. If he believes that an. offense
: has been committed, it is his duty tC
n issue an order to the prosecuting Off
= Ger for the arrest of the person COM
r planned about The District Magis-
f trates are not doing their duty. Thi:
has been usurped by the prosecuting
= officers in the various districts. There
l. is no law authorizing the Marshal t.
= do what he does now and which is
really the right of the District Magis.
: trate Representative Achi too spoke
IS under a misrepresentation. The ides
/ of the resolution is that the District
l. Magistrates be required to carry out
7; the law that the Legislature has pre-
'e scribed. Investigations should be made
d only by those persons authorized Il
Il carry on such. If the prosecuting off
IS Ger sees fit 10 enter a nolle prosequi il
lie a case this will be made matter O
n public record. 1t is different in tn,
l. matter of issuing warrants. This i!
done in the back Office of the deputy
e sheriffs. The Attorney General is un
J. der a Misrepresentation when he say
1t that, if the resolution is adopted, every
one who asks for warrant for thu
4 arrest of another party, must have
J. one The District Magistrate must in
= yestigaIe and find for himself if there
IS is any merit in the case. A further OBJ
e lection to the practice is the inconve
a nience of the thing. l remember of
.e case not long ago when a man cam,
.r to me TO assist him in the work O
? bringing to justice another who haC
n I n Saulrpd him I nroparpd nom Ioi