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

This jury believes that these places
(the hotels at Waikiki have incurred
large expenditures and have actei
openly with the full knowledge or the
authorities; that they oil not inten-
tionally 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 10 be
asked by any and every iaw-abiding
citizen is. why did not the grand jury
find out which of the authorities was
in full knowledge of The fact that the
law was being openly rotated?
II the grand jury could ascertain the
fact that the open violation OF the law
was being done with the full anowl-
edge of the authorities, surely it was
within the province of the grand jury
| to 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-
man and child in the islan1 OF Oahu,
if necessary to establish the fac-. 1t
could send for persons and papers and
summon. under the direction o. 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 and
duly punished therefor.
This statement Of the grand jury Is
so serious that were 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
eminent" in effect urges continuance
of the open violation of the law. 1t in
effect says I'VE believe the government
should allow wealthy property cw1s rs
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, ever!s
member of which took upon himself q
solemn oath TO perform his duties
honestly and fearlessly and to assist
in so far as he could, in ferret'ng out
abuse of the law and in applying RENE.
: dies 10 compel the enforcement of thc
law. Considered calmly and with hen
/ est reasoning. this recommendation de
e serves the severest censure Of ever,
man, woman and child in Honolulu.
And let us look at the grand Jury.
attempt to palliate and excuse the opei
violation of the law by owners Of re
sorts at Waikiki. owing TO what it i
i pleased to term its belief tia, the.
$ did not Intentionally violate the law.
: The Republican of yesterday morning
:, in discussing this matter. referred I
: the fact that ii was well known prin
: ciple of law that the intent coul'
$ not be considered as an excuse, and tn
e further fact that the Supreme Court o
$ Hawaii had passed upon this yer!
1 question.
In this connection We would like Z
call the attention Of the members o
the grand jury and Of their apollo
; gists, the cowardiy newspaper boo.
: lickers of Honolulu. to the decision o
: the Supreme Court in the case Of Ii
;. Republic OF Hawaii vs.. w. Akau. .
{ reported in the 18th Haw. PIP. 36s. Thi
e was . liquor case. Akau beinl
a restaurant keeper. who gave ava
i some liquor to his friends at the cele
$ bration Of his birthday. and it was cen
y tended that there was no intention {
o violate the law: that defendant dill nc
Q sell liquor. but in the goodness Of III
; hear; in celebrating his birthday wit
= 4 dinner for few friends gave eva
'e four bottles OF gin to some OF hi
! friends The learned Supreme ecu
10 held:
The contention Is that the defer
,, dsns did not intend to commit Grim
II and that there was not that union {
act and intent necessary TO constitu,
crime. The defendant intended to
: wh.s he did do. and II he did not tnten
Il to commit an olfense Il was merely b
x cause he did rot know what he jid An
n intended 10 do Was an o6ense. Ignol
arce Of the Law Is no excuse.
" Ignorance OF the hw that N y
= vas . criminal o0ense dos not e
10 cuSe.' -
II In the face Of this. how tie gra1
jury could put In . plea for tAe Cd
tinnation Of the opea violntion q 4
+ lau BY the hotels q Waikiki = So
% thing people Who hslisve tAat 81 lay