The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-24
THE GRAND JURY's REPORT.

The report Of the grand jury rem
dered yesterday to Judge Humphreys
is a most remarkable document il
indirectly condemns the police depart
ment and points out the open violation
of law by hotel proprietors at Waikiki
and at the same time endeavors to pal
late and excuse the violations of the
law and to endorse and bolster up the
lame and impotent attempt at enforce
ment OF the law by the police under
High Sheriff Brown. 1t reads like the
report of a body of men that were
afraid OF their own shadows.
Let us consider the report seriatum.
Anent the sale of liquor on Sundays at
Waikiki it says:
we find that two resorts at Waikiki
are operating under special licenses.
The subject OF sales on Sundays
under these licenses was not consid-
cred by the executive council, such sale
being subject to the provisions of sec
tion % of the Act to Regulate the Sale
OF Spirituous Liquors. ETC." And then
Ii quotes from section %, which abso-
lutely prohibits the holder of such a
license as granted to the hotels at Wal
kiki to sell or retail or permit or suffer
any spirituous liquor to be drunk on
his premises on Sundays. Certainly this
is plain enough and pointed out plain
path of duty for the grand jury.
Thereportthen says that the proprie-
tors voluntarily admitted that they had
violated the law. And yet this ie-
markable grand jury failed to find that
the police or the high sheriff, who is
sworn to enforce the law, had been
direlicit in his duty in allowing these
places TO openly violate the law. Not
only that, but the jury went further
and in the following words pleaded tor
a continuance of the violation of tue
law:
This jury believes that these places
have incurred large expenditures aud
have acted openly with the full knowl-
edge of the authorities; that they did
not Intentionally violate the law as 70
sale OF liquor on Sundays. and the evi-
dence before us tended to show that
the legaliZing such sale by respectable
hotels and resorts at Waikiki. TO guests
and their friend. would result in les
sening illicit trade and drunkenness.
The jury also believes that as liberal
treatment as is consistent with the
public welfare should be extended by
the government to respectable hotels
and resorts"
And have acted with the full knowi
edge of the authorities" or what au
thorities. Messrs. Grand Jurors? You
were In the position of grand jurors
for the very purpose of finding om
If the law had been violated. and IL so.
by whom. and If the violations had
been winked at by officials. then by
what officials? The grand jury failed
to perform the duty it was sworn to
perform when 1t failed to probe this |
question to the very bottom and pub |
lish TO the world the officials who had |
connived at the violations OF the law.
The Republican does not believe
such remarkable statement was ever
before presented to any court by duly |
grand jury. What pressure
was brought to bear that this grand |
jury should fail to ascertain the on
cials who had connived at the viola
ton OF the Law by the hotel keepers at
Waikiki. And If .connivance existed
there why should II not exist in every |
part Of the city and Island OF Oahu.
Then the ingenuousness of the plead
Ing that these hotel proprie,ors '.dsi
not Intentionally violate the law"
Why. IL such pleading as that were
allowed in the courts there would |
never be conviction in the world. Il
Is a well known principle Of law that
intent cannot be considered. IL is the
act. the violation OF the rzw. That the
courts and the Law must consider. The
Supreme Court of Hawaii has laid
down this very principle on more than
one occasion. And. too. why should
The grand jury have put IN this spe-
rious pleading for the yiolators OF the /
law at Waikiki. Why did they not do /
The same for the japanese murderer. /
Animoto. Was it because they wished |!
70 Lessen the force Of an indictment |