The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-10-18

in your Investigations. He has the
right to be present at the taking of all
testimony before you, but he has no
right to be present when you deliberate
or when you vote; nor can anyone but
members of the Grand Jury be present
at your deliberations or at your vot-
ing.
The Assistant District Attorney will
call and examine witnesses, and If
need be, interpreters to assist you in
your labors.
You are further instructed that in
your examinations you will receive only
legal testimony; mere hearsay testi-
mony you will discard. II in the exam
ination of a case, you become salts
fled there is evidence not produced
which would explain away a charge
presented to you, 1t will be your duty
to get such evidence.
Gentlemen of the jury. you must re-
member the great responsibility rest
ing upon you. You must carry into the
jury room the knowledge that under
the constitution of our country, no
form OF slavery or involuntary servi-
tude except as a punishment for crime,
can exist in this Territory.
In reference to this subject. / in
struct you that il is claimed by prom
inent and well known people that GER
tain Asiatics import and sell girls and
women to their countrymen living here,
and that there is a well known traffic
in these unfortunate creatures. If this
is so, II Is in violation of the consti-
tuition and laws Of the United States,
and / instruct you to fully and fairly
investigate this matter. and in doing
so you Hill have the aid and able as
sistance of the Assistant United states
District Attorney, the High Sheriff of
the Territory, and the police depart
ment of Honolulu.
The court here reminds you that the
thirteenth amendment to the constitu.
ton of the United tSates prescribes
That neither slavery nor involun-
! tary servitude except as a punishment
for crime. whereof the party shall have
been duly convicted, shall exist within
the United States or any place subject
to their jurisdiction"
See also the Act of Congress of June
%, 1874, entitled, "An Act to protect
persons of foreign birth against forci-
BILE or involuntary servitude," which
reads in part as follows:
-" Whoever shall knowingly
and wilfuly sell or cause to be sold in
to any condition of involuntary SER
vitude any other person for any term
whatever, and every person who shall
knowingly and wilfully hold to invol-
untary service, any person so sold or
bought, shall be deemed guilty of a
felony. and on conviction thereof, be
imprisoned for term not exceeding
five years and pay IA fine not exceeding
$4,000
That every person who shall be
accessory to any of the felonies herein
declared either before or after the fact,
shall be deemed guilty of a felony, and
on conviction thereof, be imprisoned
for a term not exceeding five years and
pay II fine not exceeding $1,000
While it is further provided by the
! laws of the United States lAct of
March 8, 1870, I'm part as follows:
Section 3. That the importation in
to the United States of women, for
the purposes of prostitution, is here
by forbidden; and all contracts and
agreements In relation thereto made IL,
advance, or in pursuance of such IL
legal Importation and purposes are
hereby declared void: and whoever
shall knowingly or wilfully import or
cause any Importation of women into
the United States for the purpose tf
prostitution. or shall knowingly
or wilfully hold or attempt to
hold any woman to such pur-
poses. in pursuance of such Illegal i'm
portation. and contract and agreement,
shall be deemed guilty of a felony, and
on conviction thereof. shall be imprs-
oned not exceeding five years and pay
Gentlemen Of the Grand Jury there
Is another question of serious impor-
tance which may come before you, and
that is the investigation of the offerses
{ committed upon the high seas. Il is
the spirit and soul of the law that
the deck of an American ship shall be
as safe to the toilers of the sea as
is the Mainland to the toilers on the
shore, and for that purpose the Con-
.Nft hn rod tn hnl
(section 46ll of the Revised Statutes,
as amended December y, 1899, that
"Flogging and all other forms of
corporal punishment are hereby pro-
hibited on board any vessel, and no
form of corporal punishment on board
any vessel shall be deemed justihablc,
and any master or other officer thereof,
who shall violate the aforesaid pro-
visions of this section, or either there
of, shall be deemed guilty of misde-
meanor, punishable by Imprisonment
not less than three months or more
than two years. Whenever any OFF,
Ger other than the master of such ves-
sci shall violate any provision of this
section. II shall be the duty of such
master to surrender such officer to the
proper authorities as soon as practica-
BILE. Any failure upon the part of such
master to comply herewith, which fail
ure shall result in the escape of such
officer. shall render said master liable
in damages to the person illegally pun
ished by such officer"
1t will thus be seen the policy of
American law is to protect all of our
citizens wherever they may be, and
whatever their pursuits of life: and
TO that end. the law Furnishes the Off
GERS of vessels who impose any pun
ishment not prescribed or permitted
by the statutes of the United States:
see as to punishments, section 1896 Of
the Revised Statutes as amended De-
cember Il. 1898 ,Vol. 80. Statutes L. S,
page 1907; to which your attention is
called, and which prcscribes the kind
and amount of punishment the officer
of ship may for each character of
offense committed by men on ship
board, innlct; the officers Of a ship can
not go beyond this.
Complaint has also been made to
this court that the labor laws of the
United States are being violated in this
Territory, and the court instruCts you
that the hours of labor of all men EN-