The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-01-24
MONDAY, JAN. "a, 1898.
sUsPENDING SENTENCE.

ne supreme COurJ on saturday
rendered decision which, in the
future, will prevent the District
Courts from "suspending sentence"
We have not read the full decision
OF the learned jurists, but we sup
pose that the official organ is cor
rect when it states, that the decision
OF our highest Court is, that "the
right is vested iu the Circuit Court
which may suspend sentence from
one term to another, being per
maneut Court" District Courts are
now styled Temporary Courts"
From a layman's point of view the
decision is absurd aud dangerous.
The right of suspending sentence
has never to our knowledge been
abused by the prosecuting officers
or the Magistrate. Here in Homo
lulu the decision OF the Supreme
Court will simply mean that the
prosecuting officers will cease bring
ing those, who, without Intention,
stumble against the provisions of
the laws, before the Magistrates,
aud the rule OF entering nolle pros
will be generally adopted. The
Law, wi, b a big l., was not intended
for the indiscriminate punishment
OF all classes OF sinners. Some dis
cretion should be left with the men
who serve the people by admins
ring the penalties laid down in
the statues. Let us suggest the
possibility of respect able young Ha.
wsiisn, who has failed in obtaining
work, which will bring him sufficient
revenue to support his wife an |
family taking chance in the lottery
games conducted by our Chinese (2)
friends. He buys ticket and his
"crime" is immediately report ed to
the Police Station. One OF the
numerous specials" follows the
man up, sees him looking at the
ticket which in case OF luck may
bring him So aud arrests him, takes
him to the Station, where he is
searched and the ticket found on
his person. The man, when arraign-
ed in Court pleads guilty, and upon
learning all the circumstances the
prosecution asks the Court to sus-
pend sentence and give the "of-
fender" another chance and lecture
The Judge tells him that it must
never, never happen again and
shows the offender the terrible con-
sequences to him and his wife and
his babies, il he ever in the future
should be caught in the act OF try
ing to get poi and fish for their
hungry stomachs by the hideous
offsnse of gambling, which only the
rich have right to indulge in with
impunity. In the future the Dis.
JTlUJ M SihUthlcs arc lOiDiuucu W
give any wholesome lesson to those
who violate our laws. The District
Courts are termed temporary"
Courts by the Supreme Judges and
the right of "suspendiug sentence"
is vested in the Circuit Courts, ac-
cording to the recent decision. We
certainly would be- pleased to learn
from the great Justices Of the Su-
preme Bench why the District
Courts are to he termed temporary,
any more than the Circuit Courts.
The District Magistrates hold Office
for two years, the Circuit Judge for
six years. We fail see why the per.
msnent Supreme Court should
claim that one of the courts referred
to is Temporary" and the other
"permauent" The decision OF the
Supreme Court in regard to the
suspending OF sentences has been
severely criticized to-day among in
telligept people, 1t is decision