The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-27
THE DECISIONS.

4 LII A'iANAA'ADANA's
The Supreme Court of the Territory
OF Hawaii differs in no way from other
Supreme Courts, and illustrates the
pecnliarities of the law on a small scale,
as the United states Supreme Court IL
Illustrated them recently on a large scale
We demand unanimity in a jury, but
upon vital points of law we take a
majority vote, as the best two out OF
three here. or the best five out of nine
in the United States Supreme Court.
The Supreme Court of the Territory
has had two very important questions
before it during this session, the habeas
corpus cases, and the question of the
validity of the income tax. In each
of these the decision has been reached
with two in favor and one a-ainst.And
it is here that we come across the hu-
man and uncertain element of law.
Each side brings forth arguments and
cites precedepts and former decisions,
and both are very learned. but very
slight thing such as the illness of a
Judge might turn, the decision in an
other direction.
The decision of the Circuit Court in
the case of men convicted for crime
during the period which elapsed from
the date Of annexation to the establish
ment of Territorial government was re-
versed. 1t is held that persons accused
of crimes could be lawfully prosecuted
without the Intervention of q grand
jury and convicted by nine out of
twelve jurors. That this is common
sense makes one doubt for moment
whether it is good law. That 1t is JUS
tice makes one doubt it still more. How
ever there it is as final decision of the
highest tribunal we have in the Terri
tory and as such will have to be obeyed,
unless by some means the cases can be
carried to the Supreme Court of the
United States, where a decision might
be waited for, for very long time.
AS mere matter of abstract justice
it did seem as if it was entirely wrong
that men who had committed serious
crimes should be allowed to go free
upon technical point, and prey further
upon the community. 1t appeared to be
juggling with Justice Yet the Circuit
Judge in his decision made plausible
argument in favor of his action. Jed
wood justice was very much simpler
matter. 1t was practsed on the Scot
fish border couple of centuries ago.
The criminal was first hanged, and his
case was tried afterwards. This saved
appeals and long decisions.
Whatever any ones opinion of the
legal merits of the cases may be, all
must be perfectly satisfied that the
murderers an the rapers are no longer
to be let loose among the community,
but are once more at work upon their
sentences, having, lost some time dur
ing the period that their cases were
being tried.
The decision upon the income tax
cases will cause a considerable flutter.
There are many people who will go on
thinking that because the United States
Supreme Court gave an adverse deci- /
sion upon a certain income tax bill,
that all income tax bills are unconsti- .
tutional An income tax is not uncon-
stitutional per Sc, but particular bills |
may be unconstitutional
1t was a curious thing that when the
income tax bill was before the house
and the senate very little interest was
taken init. No one of those opposed to
it organized any campaign for its de-
feat, or used any pressure on the legis-
lature to kill the bill But once it had
PASSED, its opponents began to denounce
it. AS the Supreme Court has now sus-
tained the act, the Supreme Court may
expect the hall of vituperation to fall
upon its own head. Having honestly
given its opinion, however what need
the Supreme Court care.
The action or lack of action in regard
to the income, tax bill Is illustrative of
certain conditions here, and these con-
ditions under present circumstances
have changed. The community at large,
the great mass of workers and money
makers have never taken proper inter-
est IN the Legislature. It's powers for
good and for evil never seem to have
been fully realized. The idea was that
If things went wrong in the legislature,
they might be set right by some other
means This last Legislature ought to
have very thoroughly dissipated this
notion. If it has not, another session
or so will 1t would have been far
easier to have fought the income tax
bill on the floor. of the House, than it
is now in the courts.
The present decisions of the Supreme
Court are among the most important
ever handed down, and affect more va
ried interests. They will be studied
and considered with careful thought by
many persons both legal and lay.