The Hawaiian gazette., 1900-08-24

AUGUST ~ 1DU0.---syEhfI-WE
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have houscn Of prostitution In this COM
munity. under the control OF the Board
OF Health, and, to n certain extent. the
Police Department, and yet have pro-
vision IN our penal code for the punish
ment OF forncation. There 10 not n
woman at Iwllei who 10 not liable to n
terminal prosecution for fornicatlon. In
deed. the very fact that she IN a reEis-
tered prostitute might make n clear case
against her " the so-cailed Act 10 Nit
| igate'' IL constitutional which very
much doubt. II may be desirable to have
houses OF prostitution under the control
OF tho Board OF Health, and, to a certain
extent. under the Police Department. yet
1t should hardly be done In tho face OF a
statute prohibiting fornication. without
exception.
INSANE PERSONS
Insane Asylum-The Court concurs
heartily In what you have said ms to the
commitment of an insane person to the
Asylum on the certificate of one physi-
clan. y similar law does not exist In
any state In the Union. | think It may
he said that In nearly every state In the
Union the law provides for careful ex-
animation by three or more experts and
IA trial by jury, You can easily see that
IL at any time conditions here should
come TO such pass that the power to
certify to the insanity OF person should
be vested in the hands OF one Individual
and lie loo n corrupt person, no member
OF society would be safe. II Is bad
state of affairs, but 1t IS a condition for
which the physician now In charge Is
not responsible.
ALCOHOL AND HACKS.
Sale of Acknowledging into consldera-
ton the various elements going to make
up the aggregate OF this community, II
requires no argument to convince one
that the unrestricted sale of alcohol
would be a menace to the peace, safety
and good order OF the community, and |
Know OF no law that permits Its sale In
such manner.
Hack-drivers-what you have said on
this subject Is true. 1t Is a matter of no.
torious comment and criticism and one
worthy OF more serious consideration at
the hands of the authorities who have
the issuance Of hack licenses.
AS TO THE COURTS.
Favoritism by Courts-Ths is a matter
which, under the circumstances, II was
probably proper for you to investigate,
and, as a member of the bar and OF the
judicial Department Of the Territory of
Hawaii. l am glad that you found no
sufficient evidence presented to you to en-
able you to find that the charges made
through the press were true. All of the
gentlemen who were members OF the Ha-
waiian judiciary when came here some
five years ago are now members of the
Territorial Judiciary. with the exception
of Justice Whiting and Judge Stanley.
VINO were retired after long, useful and
honorable careers, and except Chief JUS
tics Judd, who died a few months ago
Like all mortals. the Chief Justice had
his weaknesses and his failings: yet,
when we compare those weaknesses and
failings with all that was commendable
in him, they sink into insigniiicance
Thus amid the cloudiets Of the summer
night the full moon rises respondent
the cloudlets fade away into mist and
are forgotten. So with the honored dead:
his thrilling faults are covered with the
excess of his virtues. 1t can be said of
of his integrity was con-
he was n man who, like Enoch.
might have walked with God.
AS to whether or not favorltism exist
ed in the courts heretofore, 1t may be
said that men differed then and differ
now and they will continue to differ de-
spite the report of this Grand Jury. A
vi anu ouiS ltpoIl tHt
opinion of men in matters of that sort.
CRITICISM TONIC.
All departments of government are, at
times, subject to public criticism, and 1t
is perhaps better that good officer
should be unjustly criticised than that
bad officer should escape criticism alto
gether; and If we should take away en-
tirely or limit the right of the press to
h. hn itah IL, ra
suit. / have in my own personal obser-
walton mot here, but elsewhere) seen COR
rupt and vicious men on the bench able
to hold theig positions because the press.
the public and the bar were afraid to
criticise them. Not only are our local
courts the subject of criticism but even
the Supreme Court of the United States
has also been the subject of criticism.
Charles Sumner, one of the most gifted
men ever on the floor of the United
States Senate, man who distinguished
himself by leading the anti-savery ele-
ment, stood on the floor of the United
States Senate, and denounced the Su
preme Court of the United States, de-
.ounced Chief Justice fancy for the de-
ision he had rendered in the bred Scott
ase. So, also, only few years ago when
he income tax decision was rendered by
the United States Supreme Court, politl-
al conventions in many States denounc-
ed the Court for having rendered po-
litical decision. United States Senators
denounced the Court, and representatives
In Congress did the same thing While |
perhaps the feelings of the Judges were |
hurt and their sensibilitles aroused and
touched, the court did not invoke libel |
Senator Edmunds and Mr. |
Choate, now our Minister to England, |
who appeared In the income tax cases,
and other celebrated counsel In the case
lid not throw up their hands In holy |
horror and feel that the honor and the
Virtue of the court, or their own honor.
vas at stake because tho press denounc-
ID the decision as political. 1t Is almost
to take up any great daily pa
Ter without seeing some criticism on the
courts. Every one in public position
must expect criticism. The man who es-