Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-08-24
THE COURTS RESPONSE
JUDGE HUMPHREYS
TO GRAND JURY
On Presentation Of Their Final Report
al Circuit Court Term--Awards
the Jurors High Praise
for Work Done.

The court has listened with rapt at
tention and profound interest to the
reading Of the excellent report now
rendered by your body. AS you are
the pioneer grand jury of the Island
of Oahu, your report will become his
torlcal. Not only that. but 1t will be
valuable from a social as well as 90
litiCal point Of view. | use the word
political" not in its narrow and re-
stricted sense but in its larger and
broader sense. Political in that 1t af-
.ects the entire community.
The court was particularly impressed
with what the grand jury had to observe
with reference to the enforcement of
law. Our government is divided into
three coordinate departments: the Ex-
ecutive, the Legislative and the Ju-
dicial. II is not for one branch or any
part Of one branch of the government
to usurp or trespass on the powers Of
the other branches The Legislative de-
partment makes the laws. II the law
Is unconstitutional 1t becomes the
sworn duty of the courts of the land.
assisted by the juries to enforce those
laws, even though the propriety the
fairness or the justice of the laws may
be open to question.
stranger. tell the Lacedaemonians
that we died here in defense of our
country" This was the simple in
scription to commemorate the heroic
and conscious devotion of the faithful
band of Leonidas at Thermopylae: and
In which nation of peculiar sagacity
and promptitude of mind as well as ar
dor of soul for liberty thought to cx-
press the highest acknowledgment of
deed which every Greek remembers
with national pride. or all that was
the nOblest and greatest seemed to
them that the gallant citizens had been
obedient to the laws even unto death.
II affords an example well worthy Of
imitation.
As to the matter of prostitution COM
mented upon by you in your report,
at this time call your attention to the
fact that we have in this Territory
law 'forbidding fornication. Fornicl-
ton Is sexual intercourse between an
unmarried man and an unmarried wO-
man. an offense punishable by both fine
and Imprisonment. u Is indeed an an
omolous state of affairs that we should
have houses of prostitution In this
community, under the control OF the
board OF health and to certain cx-
tent the police department. and yet
have a provision in our penal code Cor
the punishment of fornication. There
Is not woman at Iwilei who Is not
liable to criminal prosecution Tor
fornication. Indeed, the very fact that
she Is a registered prostitute might
make clear case against her II the
so-called Act to Mitigate" is consti-
tutlonal, which | very much doubt Il
may be desirable to have houses Of
prostitution under the control of The
board of health, and to certain ex-
teat under the police department, vet
1t should hardly be done In the face
of a statute prohibiting fornication
without exception.
The court concurs heartily in what
you have said as to the commitment
of an insane person to the asylum on
the certificate of one physician. a
similar law does not exist In any sta.c
In the Union. | think Ii may be said
that In nearly every state In the Union
the law provides for careful exam
ination by three or more experts and
a 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 a person
should be vested in the hands of one
individual, and he be a corrupt person,
no member of society would be safe.
II is a bad state Of affairs, but 1t Is
condition for which the physician now
in charge Is not responsible.
Taking into consideration the vari-
Gus elements going to make up the ag-
gregate 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.
What you have said on this subject
Is true. II Is matter of notorious
comment and criticism and one worthy
of more serious consideration at the
hands of the authorities who have the
issuance of hack licenses.
This Is matter which under the
1t was probably proper
for you to investigate and, as mem
Der OF the bar and of the judicial le-
partment OF the Territory of Hawaii
am glad that you found no sufficient
evidence presented to you to enable
you to find that the charges made
through the press were true. All of
the gentlemen who were members of
the Hawaiian judiciary when ! came
here some five years ago are now mem
bers Of the Territorial judiciary, with
the exception of Justice Whiting and
Judge Stanley, who were retired after
long, useful and honorable careers,
and except Chief Justice Judd, who
died few months ago. Like all NOR
tails the chief justice had his weak
nesses and his failings, yet when we
compare those weaknesses and failings
with all that was commendable In him
they sink into insignificance. Thus.
amid the cloudlets of the summer night
the full moon rises respondent, :he
cloudlets fade away into mist and are
forgotten. So with the honored deal:
his trifing faults are covered with the
excess of his virtues. II can be said Of
the late chief justice that so far rs
the incOrruptibility OF his integrity was
concerned he was a man who like
Enoch, might have walked with God.
As to whether or not favortism eX-
listed In the courts heretofore 1t may
be said that men differed then, and
differ now, and they will continue to