The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-16

dictment there must be a concurrence
of at least twelve jurors.
It is your right and your duty, II
you should Ibe in doubt, or should re-
quire further instructions, during your
sessions, to ask the court through your
foreman, or individually, for such in
structions.
The general government has selected
the Assistant District Attorney for the
United States to represent its interests
in all prosecutions, and in the absence
of the United States District Attorney,
he has the same authority that the
United States District Attorney would
have were he personally present and
he will be ready and willing to aid you
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
D1ony you will discard. If in the exam
nation of a case, you become salts
fed there is evidence not produced
which would explain away a charge
presented to you, it 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 it 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 we'll known traffic
! in these unfortunate creatures. If this
is so, it is in violation of the consti-
tuition and laws of the United States,
and 1 instruct you to fully and fairly
investigate this matter, and in doing
so you Nill 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 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
49, 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 Wi1fuIlV sell or paIlSR n he 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 a term not exceeding
five years, and pay fine not exceeding
S., 900.
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 a fine not exceeding $1,000"
While it is further provided by the
laws of the United States (Act of
March 3. 1879, in part as follows:
Section 8. 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 Of
prostitution, or shall knowingly
or wilfully hold or attempt to
hold any woman to such pur
poses. in pursuance of such illegal inn
portation, and contract and agreement,
shall be deemed guilty of a felony, and
on conviction thereof, shall be inpris-
oned not exceeding. five years and pay
a fine of not exceeding $4,000"
Gentlemen of the Grand Jury. there
is another question of serious impor-
lance which may come before you, and
that is the investigation of the offenses
committed upon the high seas. Il is
the spirit and soul of the law that
the deck of an AElerican 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-
gresS of the United States has enacted
(section 4611 of the Revised Statutes,
as amended December q, 1889, that
Flogging and all other forms of
corporal punishment are hereby pro-
form Of corporal punishment on board
any vessel shall be deemed justifiable
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 a 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 yes
sci shall violate any provision of this
section, it shall be the duty of such
master to surrender such officer to the !
proper authorities as soon as practical !
bic. 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 q, 1898 (Vol. 80, Statutes L. s.,
page 1900; to which your attention is
called, and which preScribes the kind