The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-26
BLIND JUSTICE.

Respect for law is ingrained in the
American, and 1t is the shibboleth of
the American lawyer. Fiat justitia,
ruat coelum, is his motto. Let the heav-
ems crack. but even handed justice
shall be given out. We are having an
excellent instance of this even and de-
iermined justice in the recent decisions
of the Second Judge of the First Judi
cial Circuit. There are sundry indivi-
duals in our Jail or penetentiary, who
were convicted under Hawaiian law of
very serious crimes. Some of them are
for manslaughter, some of them for
murder where the culprits just escaped,
by the. very narrowest of margin.
from having their necks stretched, some
of them for rape, and a few very
few, for minor crimes.
AS the law is expounded by the Sec
ond Judge of the First Judicial Circuit
it is good. Phe Judge feels not only
his obligation to the community in
which he dispenses justice but he feels.
so he tells us, a duty towards God. 1t
is seldom that Judge of a Circuit
Courts speaks as strongly, but he does
it nevertheless, and all credit should be
given him for the position which he
has taken.
Law is law, and it cannot be tempered
with. The law must be indicated.
At that particular time it was illegal
that eleven men should convict
scoundrel guilty while one man dissen-
ted. That is the law of the United
States, and no one can gainsay it. The
dictum laid down by the judge seems
to be irrefutable. From a legal stand
point he is thoroughly justified, and
one always honors a man who has the
courage of his convictions. The court
has nothing to do with what is eXpe-
dent or inexpedient. 1t has to deal
with the law. This does not open Jail
doors. The Judge has furnished a key
it rests with the prisoners to use it or
not.
But.-A little history comes to mind.
Law is law, and justice, so-called is
justice but is it always common sense?
And when it ceases to the common
sense, does not that attribute come in
and dispense it's own Justice? In Cali
fornia, in the early days. the courts
had very tender consciences and men
who had committed crimes frequently
escaped punishment. There was the
same constitution in force there, then,
as there is here today, or was here. ac-
cording to the Second Judge of the
First Circuit Court after July r 1898.
When the courts in San Francisco, in
the early fifties found that their con-
sciences and their oaths obliged them
TO let criminals escape through the
meshes of the legal net, the men of
San Francisco established a net of their
own, and incontinently hanged the
rogues and scoundTels which the law
permitted to escape 1t was a very
rude and summary method Of justice,
but it was most effectual.
California is by no means the only
state in the Union which has had to
supplement the tender judicial con-
science by hard, horse sense. Indeed
it may be said that the tender judicial
conscience, which frees murderers, /
manslayers, burglars. rapers and all
who belong to this noble army. is di-
rectly responsible for the lynchings
which occur. If the law under the
Constitution and the Flag throws peo-
pie of this class upon the community. /
the community has sense enough to |
protect itself by summary process of 3
human law which is never misunder-
stood. The popularity of the code of |
Judge Lynch is it classicality. 1t fol- !
lows the laws of DEaco, almost to the J
letter. 1t, knows no other penalty
than death.
We have always found that justice
on these Islands has controlled our
criminals very thoroughly. But Judi
cial justice has to follow the consttu-
tional presidents and is undoubtedly /
right in so doing it. The position of the
Second Judge of the First Circuit Court
seems unassailable. He is only doing
his plain duty. How about the duty
of citizens towards themselves and
their families when the delectable com
pany of criminals gets loose from the
meshes of the law?
NSpTNy A