The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-08-10

Before the Granu jury httlleu uONH ~
business yesterday Judge Humphreys
called them into the courtroom and de-
iiyered an additional charge to them
shat was as full of interesting allegations
as the charge that was read to them on
Monday. 1t resulted from talk with
one of the hotel-keepers at waikiki and
its outcome will probably be quite inter-
estlng. 1t is given in full as follows:
THE JUDGES CHARGE.
Gentlemen of the Grand Jury: on Au-
gust the 9th at the hour of 10 o'clock In
the forenoon, you were impanelled sworn
and charged to enquire into such matters
as 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-
iivering that charge to you, l was in
formed by the proprietor of a resort at
Waikiki, Mr. Amy, proprietor of the Wal
ISiki Inn that he had without any reser-
walton without any question, engaged
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
1 desire now to charge you that what
ever understanding or agreement Mr.
Amy or any other person engaged In the
sale of liquor may have had with police
officer or any other officer of the Govern
ment, no matter who he Is or how high
his petition, 1t cannot afford him any pro-
lection whatever If there has been vio-
lation of the statute law.
AN ALARMING CONDITION.
If the statement made to me by Mr..
Inv iG true NJ
ing and corrupting state of affairs Is
presented to the people of this Territory.
1t does not lie in the mouth of any ofti-
cial of this Territory Il do not care how
high his position may bel and ii does not
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
% the statute laws of this Territory, and
TO permit people to do what those laws
say shall not he done A man may be
corrupt without taking money. You may
be so, gentlemen of the jury, by favorit
isl or the exhibition of moral fear
Ii, for instance, you refrained from
making presentment by reason of NOR
al fear, II 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 If you had
token money for refraining from doing
so. II any officer, from the High Sheriff
aye, from the Governor-down to the
humblest policeman on the force, has
made any sort of an agreement with any
liquor dealer or seller that he might sell
liquors on Sunday in violation of law,
that officer is corrupt, and the charge
against him should be investigated Il
should be investigated without fear and
without reference to the consequences.
WHO is \ BOARDER?
Our statute provides that Amy holder
of a license who shall sell or retail any
spirituous liquor or permit the same to
be drunk In his house or premises on
Sundays, shall be liable TO a penalty not
exceeding 5000" But lhis section shall
not apply to the ordinary supplies fur
nished to bona hde boarders and dodgers
in the house or premises. Mark these
words: This section shall not apply TO
the ordinary supplies furnished to bona
hde hoarders and dodgers In the house or
premises" The exception is that person
who runs a clearinghouse or hotel may,
If he has a license, furnish the ordinary
supplies 10 bona nde boarders or dodgers
in his house. A man, by going TO a So
called boarding house and simply by writ
ing his name in the register would not
become a bona fide boarder or lodger A
nan who goes there to take a dinner OF
lurch would not be bona llde boarder or
ledger. Perhaps man who went to one
of these places on a Saturday night and
remained until Monday morning might
come within the contemplation Of the
statute as a lodgor
il We're better that every man on the
beach should openly and without license
sell liquor on Sundays or at any time
that might best suit his pleasure or con
venience-it would be better, l say. TO
nave that condition prevail than that any
police officer or Government officer
should arrogate the power and authority
of being unto himself the supreme and
final law. Not only under such clrcum-
stances win there cease to exist any
rights or law In this country, or any lib
erty, but the result would tend to corrup-
ton or. what is worse-faVoriusm
ENFORCE THE LAWS.
Take this case: The Sherim or some
other Government officer says TO you, n
these people are not permitted 10 sell
liquor on Sundays by virtue OF their III
cOfe. some other person VIII sell Il with
out license, and because the law Is going
to be violated secretly / will let these
people violate it openly. You might just
as well say, we VIII appoint few good
men IN the community 10 commit lar
ceny because there are laws against lar
ceny on our statute books and they can
not be enforced. People win commit lar
acny; so people VIII sell liquor ON sun
days despite the fact that there are laws
against II.
But by enforcing the laws We minimize
the offense. For about 800 years burglary
has been treated as a felony and for
ltng time In England IL was capital Of
fierce, ana yet, IN spite OF this fact, men
committed burglary. Now suppose The
nigh hherln or some other ofiieer should
say That owing 20 the number OF burglar
ies committed la this community and the
lmposhlhility of preventing u, ~ vll
pleh "ui few falrly good men and give
them the permission 30 commit hu liars
beeause lhrY VIII do d IN o nice So
That - an ekifcme ease bat "a is B. al
sci Illustration of the matter Ia d al
lefors We realize Tho extent ~ wlulE
Qnf FlHhin hft taken away
1he naufpailan ~ power IL ths rssult al |
= graduated process A man never 10 |
epInes shgliN bad al once, ~ hesiuH By |
iolnk hame lillle thing that d. haH nn |
fifhi u 10. 10 a not prosecuted far n |
~ llln nela Nlna 1lhnl mn llIan I'M |