The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-02-04
JUDGE HUMPHREYS ADDRESS
THIS MORNING.
Valuable Talk on Subject of Local Self
Govarnment-Iwilei and the Insane
Asylum.


livered from the bench to the grand
jury what was probably one of the
most remarkable charges of this or
any other part of the country AS a
whole it was powerful appeal for To-
cal self government, the rights of the
individual and the morality and virtue
of the community. one of the greatest
audiences that ever sat in the Circuit
Court listened intently to the ad-
dress, although its delivery consumed
quite an hour and a half.
The court was unsparing in it's cri-
tiCism of Capitalization in government
and made frequent reference to the To-
cal "oligarchy," as he termed it, and
the abuses prior and since annexation
on account of the extraordinary exc
cutiVe power of the heads of the gov
ernment. Attorney General Dole came
in for several raps, and the jury was
instructed to "hold the Attorney Cen
eral up to public scorn" should it be
found that he is responsible for the
hell hole at Iwilei on account of fail
ure to enforce the law.
The first part of the charge was a
mastery presentation in favor of mu-
inequalities and county governments.
1t was rather difficult to establish the
connection between this part of the ad-
dress and the charge proper, but all
present felt amply repaid for the hour
of it's delivery by the force of the ar
gument on a very live issue at this mo-
ment. The court declared most en-
phatically in favorlof sub-cOmmuni-
ties being allowed to manage their own
affairs and said it was not only the
privilege but the imperative duty Of the
Legislature to at once create munich
palities and counties throughout the
Islands.
High Sheriff Brown announced the
court shortly after 10 o'clock. At that
time the bar and the rear hall were
filled with people. Probably every law
yer in the city was present. There
were also present Judge Estee, of the
United States district court, and the
various temperance workers now lee
turing in the city. Both the grand and
petit juries occupied seats in the rooms.
At one stage the room became so
crowded that it became necessary to
eject witnesses in certain cases which
it was known could not possibly be
reached today.
Upon direction of the court High
Sheriff Brown made a return of the
Venire and called the same. During
the calling of the names the court stat
ed that John Ena, one of the jurors,
was dangerously i'll and would be eX-
cused for the term. G. w. Macfarlane
failed to respond, and the court order
ed an attachment issued for him.
Frank Brown was excused because
both he and his foreman had been sub
poened, and his business would suffer.
A. b. Wood and Sam. Mahuka were
excused because both belonged to the
same firm-Waterhouse d Company.
The court observed, with respect to
these men, that the grand work Of the
jury was educational and should be as
widely distributed in the community as
possible. CS j. Mccarthy was excused
because he held a commission as lieu
tenant colonel under the Territorial
government j. S. Low asked to be
excused because he represented the in
terests of Hind, Rolph & Company in
Honolulu and those interests would
suffer should he be taken from busi-
ness. This request was denied, the
court observing that Low was thirty
three years of age, had never served on
a jury and it was about time that he
started in. F. ]. Lowrey was excused
as a member of the Board of Health.
E. d. Tenney Ed. Towse, Mamie Phil
lips and j. F. Morgan were excused
because the number left, the court
thought, was sufficient
The following jurors were then
sworn: E. FaXon Bishop, foreman; S.
B. Rose, c. j. Campbell, j. G. Spen
Ger, David Koii, A. Fernandez, Cap
lcin, T. j. King, John d. Holt, William
Aud and ]. S. Low. John Mitchell
otherwise Alabama" Mitchell-was ap-
pointed bailiff.
The reading of the charge thereupon
| began. 1t began with the history and
duties of the grand jury going into an
| exhaustive compilation of details and
historical information. After extensive
argument, showing the wisdom and
/ OF Of h in he
hands of the people the court said that
! in Hawaii the power to arrest and pun
! iSh a man had heretofore been vested
in the executive only and that the peo-
| pie had no power in the premises. There
had been great abuses prior to annex
alton and up 10 June IA, 1900, there was
no grand jury and a man had not the
| benefit of the Constitution in a full
verdict by the petit jury In the Phil
| ippines the broadest scheme of local
self government was being established
and it was intended by Congress that
| such should be the case here. The
American system, said the court, con-
templated the decentralization of pow
er from the government to the govern
| ed There was much lacking in this
respect in Hawaii in the past and much
to be learned concerning it by the peo-
pie of the Islands.
<Al lnlS pOlIll lile COuIl ueCldIeu lildl
each community should control its tax
alton systems and its police power.
After the experience of the Philippines
and the teachings of American history
| it seemed strange to the court that the
people of Hawaii should still be denied
any voice in the government of their
country and the adjustment of their
| affairs and interests. I'VE are living
under a centralized power" declared
| the court with force 1t was not the
| cheapest but the best systems that
! should be aimed at. The executive
| power, when ii monopolizes authority
was the most dangerous thing imagin-
able to liberty and the interests of the
people. There might be men who would
| say that this matter of local self gov
ernment and the decentralization of
power did not belong to the grand jury
! The court would declare that it did
| just as much as the quetsion of trial
| by jury or the investigation of criminal
or any other cases.
At this point the charge proper be-
CONTINUED on page five)