Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-05-16
THEY MUST
RESPECT The
GRAND JURY
CONTINUED from page ~

that now appears, be essential. had
been withheld from him. ] will not
say. that this circumstance would, in
any degree. tarnish the reputation of
the government; but | will say that
1t would Justly tarnish the reputation
of the court"
Might | be permitted to utter one
sentiment, with respect to myself 1t
would be to deplore, most earnestly.
the occasion which should compel me
to look back on any part OF my occi.
cial conduct with so much self-re-
proach as | should feel, could | de-
clare. on the information now pos.
sessed that any person accused of a
grave crime is not entitled to sum
mon an official to appear in his de.
Tense. no matter how high his official
station may be-"
1T was alleged in his case that the
duties of the President of the United
States. the duties which he owed the
Nation as whole, were so great, so
manifold and OF such great importance
to the community, that while 1t might
promote Justice II he were called up
on to testify before the Grand Jury
or before a Court in q particular case.
Vet lildl lIt tIiuS VI opNJtIN NouIh SUI
fer and there would be no one to fill
his high station while he was absent
| from the seat of national government
appearing before court to testify.
and II he could be summoned before
I the United States Court at Richmond
/ to testify. he might be likewise sum.
moned to testify by courts in remote
parts of the Union. That was answer.
I II tie ,,1 sn1
| lows
"lf upon any principle. the presi-
dent could be construed to stand eX-
cmpt from the general provision OF
the constitution. II would be. because
his duties. as chief magistrate. de.
mand his whole time for national Oh.
ieCts. But II is apparent, that this
demand is not unremitting: and II
IL should exist at the time when his
attendance. on a court Is required. Il
would be sworn on the return Of the
subpoena, and would rather constitute
a reason for not obeying the process
OF the court. than reason against its
being issued. In point OF fact IL can
/ not be doubted. that the people of
/ England have the same interest in
| the service of the executive govern
! llitllts lllul 10. vi INC tdblutl NbVlly'l,
that the American people have La>the
service of the executive of the United
States. and that their duties are as
arduous and as unremitting. Yet il
has never been alleged. that sub
poena might not be directed to them.
! II cannot he denied that. to issue n
subpoena to person, filling the eX.
allied station OF the chief magistrate,
( II is duty which wonid be dispensed
with much more cheerfully than it
would be performed; but If 1t be a
duty. the court can have no choice in
the case :
Now gentlemen, following the prece.
dent set by Chief Justice Marshal in
the case OF the President of the United
States. against whom the Chief Jus.
tice held a subpoena might issue,
| say to you that 1t Is your right, your
privilege. and your duty and one that
you ought not in any wise to avoid
or to evade or shirk. to summon be.
fore you the Secretary of the Terri
| tory OF Hawaii and II you doom II
necessary. any other official OF the
| Territory of Hawaii. and the other
gentleman named by your Foreman
swear them again, require them Ia
| uINN'l bh'b s'u A''hi ~
proper that they should answer ma
terial to the investigation which you
have in hand. and II they decline to
do so you will report the matter To
this Court.
The duty of making laws for an in,
telllgent, a civilized. a property own.
ing and a tax paying people, Is as
great responsibility as can be i'm.
posed upon any citizen. The honor
is so great, that it can hardly be esti.
mated or measured by mere words.
The honor is so great that the pay Is
generally treated as inConsequential.
] II men who are elected at the hands
of free people to serve them in a
law making capacity are to be stig.
matizcd by wild rumOrs or by STAND,
erouS statements, 1t will come to
pass that no citizen will be willing
to accept a station of that sort who
does not care to be stigmatized him.
self by having n sweeping charge of
bribery preferred against him by some
one in high official position and pub
lished to the world in the newspapers:
nor does he desire, nor viii any self.
respecting man permit his wife and
his little children to be stigmatized
! by such charges.
| II any man occupying the high po-
sition of law maker Is so currupt
and so base and so lost to all sense
of honor and all sense of duty as to
sacrifice his manhood and corruptly
violate his oath Of Office. il would
seem that no punishment for such a
one could be too great. and It will
be your duty to promptly indiCt any
one whom the testimony may justify
you In indiCting for having committed
the ofense of bribery.
H. on the other hand these charges
are mere wild charges and rumors,
slanderous statements, il will be your
duty to expose the authors in your re.
| port to this Court of such statement :
SO that the stain and the stigma which
rests upon n coordinate branch, of
the government as whole may be
removed
You will not of course find anyv IN.
dictment upon hcarsay Testimony. No
person ought to be put to trial for a
criminal offense or arrested aud
brought to the bar OF criminal court
and forced to give bond or failing
to give bond be locked mp on Grim,
inal charge, unless the testimony is
sufficient prima facie to warrant such
proceedings being taken.
However, you may hear, there is
no law to forbid your hearing hearsay
testimony. II 1t comes to your atten
ton that A says that b told him OF
the commission of this offense, you
may send for b and so on until you
! complete the alphabet II is some