The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-25
THAT REMARKABLE REpoR-


large expenditures and have acte1
openly with the full knowledge of the
authorities; that they dii not inten-
tionaIly violate the law as to sale of
liquor on Sundays"
This remarkable statement appears
/ in the final report of the grad jury as
submitted to the court On Thursday.
Very naturally the first question TO be
asked by any and every iaw-abiding
citizen is, why did not the grand !uIy
find out which of the authorities was
in full knowledge of .he fact that the
law was being openly .ioiated?
II the grand jury could ascertain the
fact that the open violation of the law
was being done with the full snowl-
edge OF the authorities, surely it was
within the province of the grand jury
10 find out what authorities possessed
knowledge of the fact OF the laws open
violation. The grand jury had power
to summon before it every man, wo
I
| IL necessary to establish the fact II
could send for persons and papers and
! summon, under the direction ot the
court, any official in the Territory and
/ any official refusing to answer its
questions could have been reported to
the court for contempt proceedings ani
duly punished therefor.
This statement of the grand jury is
so serious that were a legislature in
session it would call for the most
searching investigation by that body
and most likely call for impeachment
proceedings against the official or OFF,
cials who were thus conniv;ng at the
/ open violation of the law.
In its subsequent recommendation
on the subject the grand jury in say
ing that il believes that las liberal
treatment as is consistent with public
welfare should be extended by the gov
ernment" in effect urges a continuance
of the open violation of the law. 1t in
effect says we believe the government
should allow wealthy property owners
Of the community TO violate the law
with impunity, but the poor man
struggling to make the buckle and
tongue meet must obey the law in its
very most strict Interpretation. Was
ever before so infamous a proposition
offered or suggested to any community
by a grand jury BY a body, every
member of which took upon himself a
solemn oath TO perform his duties
honestly and fearlessly and to assist.
in so far as he could, in ferreting out
abuse of the law and in applying RENE
dies to compel the enforcement of the
law. Considered calmly and with hon
est reasoning. this recommendation de
serves the severest censure Of every
man. woman and child in Honolulu.
And let us look at the grand iary's
attempt TO palliate and excuse the open
violation of the law by owners Of re-
sorts at Waikiki, owing to what it is
pleased TO term its belief tha, they
did not Intentionally violate the law
The Republican of yesterday morning,
in discussing this matter, referred to
the fact that it was a well known prin-
ciple OF law that the intent" could
not be considered as an excuse. and the
further fact that the Supreme Court of
Hawaii had passed upon this very
question.
In this connection We would like to
call the attention of the members Of |
the grand jury and OF their apollo
gisis. the cowardly newspaper boot
lickers of Honolulu, to the decision OF |
the Supreme Court in the case Of the |
Republic Of Hawaii vs. w. Akau. rs
reported in the iith Haw. PIP. s6s This |
was q liquor case. Akau being |
restaurant keeper, who gave away |
some liquor to his friends at the ce;e-
bration of his birthday. and i, was cca-
tended that there was no intention to |
violate the law: that defendant dill not
sell liquor. but in the goodness Of his |
heart in celebrating his birthday with /
dinner for a few friends gave away |
four bottles of gin to some Of his |
friends The learned Supreue Court |
held:
The contention is that the defen- |
dant did not intend 10 commit crime |
and that there was not that union os /
act and intent necessary to couxsituts l
q crime. The defendant intended to do /
wh.< he did do. and II he did not intend |
to commit an oRense II vas merely b. |
cause he did rot know what he lsd and /
intended to do was an oeFense. Ieror-
ance Of the law ID no excuse.-
Ignorance Of the NV that n act /
vas . criminal o4ense does no< ex-
cuse-" :"
In the face Of this. how tAe grand |
jury could put h . plea tcr H. CO. |
tinnation Of the open vtnlatioa a ~
iau BY the hotels q Eslkt1d = sune-
thing people Who hclfeyo tai al lau1