The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-09
URGED TO
INVESTIGATE
Grand Jury is Further
Charged.
As TO SUNDAY VIOLATING
Judge Humphreys Commands It to
Look Into Liquor Selling
At Waikiki.

Before the Grand Jury settled down to
business yesterday Judge Humphreys
called them into the courtroom and de-
iiN cred an additional charge to them
that was as full of interesting allegations
a. the charge that was read to them on
one of the hotel-keepers at Waikiki. and
IT. outcome will probably be quite inter-
esting. IL is given in full follows:
THE JUDGES CHARGE.
Gentlemen of the Grand Jury: on Au-
gust the 6th at the hour of 10 o'clock in
the forenoon. you were impanelled, sworn
and charged to enquire into such matters
a. might be brought to your attention by
the Attorney General. as might be given
, you in charge by this Court, as might be
brought TO your attention by private mat
tiers. and as might be within the personal
knowledge Of any one of you. Since de-
J lyering that charge to you, | was In
formed by the proprietor OF resort at
Waikiki. Mr.. Amy. proprietor of the Wal
kiki Inn, that he had without any reser-
walton or without any question. engaged
J In the sale Of liquor on Sundays, doing so
by virtue OF some arrangement with the
police, he having understood that he
might sell liquor on Sundays and that he
would not be prosecuted therefor.
I desire now to charge you that what
I lever understanding or agreement Mr..
Amy or any other person engaged in the
sole Of liquor may have had with "A police
officer or any other officer of the Govern
ment. no matter who he is or how high
his position. II cannot afford him any pro-
7 lection whatever IL there has been a vio-
llaton of the statute law.
ii AN ALARMING CONDITION.
IL the statement made to me by Mr..
\ Amy IL true. a most dangerous. alarm
Ing and corrupting state of affairs is
presented TO the people of this Territory.
} II does not lie In the mouth of any OFF,
! cial OF this Territory Q do not care how
\ high his position may bel and IL does not
4 lie In the mouth of any police officer by
his mere within, caprice or sweet will to
say he will set aside or ignore violations
o. the statute laws of this Territory, and
to permit people to do what those laws
say shall not be done. A man may be
corrupt without taking money. You may
\ be so, gentlemen of the jury. by favorit-
ism OF the exhibition OF moral fear.
IL. for instance. you refrained from
4 making a presentment by reason OF NOR
al fear. IL you failed to discharge your
duties. failed to recognize the obligations
In posed upon you by your oaths. you
would be quite as corrupt as IL you had
ltgken money for refraining from doing
' AYE, from the Governor-down TO the
\ humblest policeman on the force. has
y made any sort of an agreement with any
liquor dealer or seller that he might sci
liquors on Sunday In violation of law
q that officer Is corrupt, and the charg,
" against him should be investigated. II
should be investigated without fear ant
without reference to the consequences.
~ WHO IS A BOARDER?
Our statute provides that ANY holde
" OF license who shall sell or retail AM
spirituous liquor or permit the same Z
be drunk i'm his house or premises OF
q Sundays. shall be liable to a penalty no
Exceeding 500" But this section shall
not apply to the ordinary supplies fur
nished to bona fide boarders and ledger
. in the house or premises. Mark thes
- words: This section shall not apply {
q the ordinary supplies furnished to bon
% fde boarders and dodgers In the house o
% premises" The exception is that perso
who runs a clearinghouse or hotel may
n he has a license, furnish the ordinar
supplies TO bona fide boarders or ledger
In his house A man, by going to a SC
y called boarding house and simply by writ
ing his name In the register. would No
become n bona fide boarder or lodger.
N an who goes there 10 take a dinner {
I. llUrch would not be a bona fide boarder 9
ledger. Perhaps a man who went to or
OF these places on Saturday night an
rem aimed until Monday morning migf
come within the contemplation of II
statute as a lodger.
II were better that every man on II
beach should openly and without ncen,
sen liquor on Sundays or at any tin
- that might best suit his pleasure col
III venience-it would be better. I say,
nave that condition prevail than that an
police officer or Government offic
should arrogate the power and authori
OF being unto himself the supreme al
final law Not only under such circur
rights or law In this country, or any II
erty. but the result would tend to CORFU
ton or, what is worse-favoritism.
J, ENFORCE THE LAWS.
Take this case: The Sheriff or sor
other Government officer says to you,
these people are not permitted to 81
liquor on Sundays by virtue OF their
cerfe. some other person will sell II wit
8. out license. and because the law is goi
TO be violated secretly / will let the
people violate IL openly. You might IL
as well say. we will appoint few go
men In the community to commit Ia
csny because there are laws against Ia
ceuy on our statute books and they ca
not be enforced People will commit ID
- lceny: 80 people win sell liquor. on Su
Jill days despite the fact that there are la
against ~.
But by enforcing the laws We minim
the offense. For about 800 years burgla
Ute has been treated as a felony, and for
ng time in England IL was a capital
r. fierce. and yet, In spite OF this fact. m
ccmmitted burglary. Now suppose
High Sheriff or some other officer sho'
say that owing to the number of burgl
les committed in this community and
impossibility of preventing II. 81
pick out few fairly good men and g
them the permission to commit burgl'
because they will do IL in nice wa
That IL an extreme case, but II Is a lo
cal illustration OF the matter in ha
Before we realize the extent of wr'
our rights are taken away.
The usurpation of power Is the result
a graduated process. A man never
comes wholly bad at once. He begins
doing some little thing that he has
right 20 do. He is not prosecuted Tor
lie then does some other little thing [
he has no right to do, for which he
not prosecuted; then ne becomes stee
In crime. IL Is the same with the US
Nr.a.s svFr - nrrfr