The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-16
FIAT JUSTICE.

That a Judge should declare that in
himself rests all that Is good and true
in the law is more remarkable when it
is taken into consideration that this
same judge prates always of American
ism. This kind of Americanism, which
is the fetish of a certain clique, that
has for it's object the setting up of a
new government through the courts, is
peculiar kind. Men there are here in
Hawaii who have lived in older com
munities. They have seen there the
foundation of good citizenship in respect
for the law and its forms. Here they
find that they are expected to bow to
an Americanism which runs riot with
law and reason
What of judge who is not content
to sit upon the bench and deal out even
handed justice, but who must give his
time to personally conducting a grand
jury, for fear that the good men and
true will do something which is I'm
American: who discredits and usurps
the function of the office of the Attor-
.ney General, who is not American"
who declares that he knows that there
can be no other Interpretation of the
law than that which he gives, which is
the American" view, who is not able
to contemplate any other officer of the
government in the discharge OF his du-
ties without developing a severe attack
of bile and who even advises his bailiff
to throw the Deputy Attorney General
out of the grand jury room, if there is
a possible excuse. Is this the variety of
'Americanism' which will lead the
Territory of Hawaii closer to the ideals
of The trainers of the Constitution?
Must the judge Of a circuit court be a
Pooh Bah, everything down to "the
bo'sun tight and the midshipmite and
the crew of the captains gig?" In that
event then there is little aise to do but
walt for all the Jail deliveries and the
contempt cases which must drive the
other law officers out of the court and
bring criminal justice to a standstill
In more ways than one is the present
deadlock. which threatens to tie up the
consideration of criminal matters, ar
unfortunate condition. Whatever the
differences between the bench and the
Attorney General may be they should
not be allowed to find vent in court
where there is looked for an Impartial
view of matters which are brought be-
fore it. Should these conditions be-
continued there must be a cessation Of
relations between the two branches Of
the department of justice, for who
would hope for complete justice wher
there was continual danger of contemp
on both sides?
To this pass then has the circui
court come that 1t must run the gov.
eminent that the chief prosecutor mus
be man acceptable to the judge upor
the, bench or he will not be allowed t.
perform his lawful functions, that tn.
supreme court may not review the find
ings of the inferior bench without be
ing in contempt, that a grand jury. O.
solid citizens, may not perform thei
duties under oath unless they do It a.
the Judge may direct, that the prison
ers held for the grand jury may no
have their cases brought to speedy con
clusion because the judge is In a pc
because his dictum is not permitted t,
govern all about him. It would seen
to be time for change. If there i!
not. there will be more time spent by
the attorneys before the court in specu.
lating upon the next freak action of the
self-constituted Solomon than in look
ing after the interests of their clients
OF course this may be just as well. fol
from this last turn of affairs everything
before the bench will be disposed of as
the judge may see fit. without any ref
erence to the law or the facts. Per
haps the time is at hand when the
court will be given its now well-earned
title of "circus" court