The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-06-02
Honolulu. June /. 1901.
Excuse and Evasion.
KAMAANA

From the Hilo Tribune.
There have arisen peculiar questions
of privilege, personal. legal and Of
fetal. which have developed in con-
nection with the investigations of the
grand jury now sitting in Honolulu,
and the refusal of certain men to testi-
fy as to facts of which they have
knowledge. These questions involve
much wider principles than the simple
determination of the cases in hand
and the existence or non-existence Of
legislative corruption. They involve
wider interests than those of the legal
relation of client to attorney. and
even the point, important and interest
ing as it is. of the privilege any
given public Office confers upon the
person holding it.
In the minds of most of US the vital
principle involved is the right and
(what has not by any means been
synonymous with right the power of
those individuals who compose what
is often termed the family compact,
to be a law unto themselves, and to
affect that any particular attitude they
assume is by force of that assumption
statutory and constitutional That
such is the attitude of the members
of the so-called compact for years past
everyone knows; that such is the at
titude now assumed by Messrs Coo
per, Thurston, Dole. Kinney and 9TH
ers of greater or less prominence in
that sacred band, no one doubts. While
we do not care to asperse the integrity
and honor of the Hawaiian Supreme
Court of the past, we state it as an
undoubted fact that the bonds of mu.
tual support and thorough understand
ing between the Executive and Ju.
dicial departments of our government
enabled anyone to predicate. as a
foregone conclusion, in any particular
matter in question, that the views OF
the former would receive the judicial
sanction of the latter. especially Il
the question should be, as is now the
case, one of privilege, right or scope
of authority. We take pleasure Ia be
ing able to state. as matter OF be
lief, that the Supreme Court as al
present constituted viii not be subject
to what we believe was in its prede
cessors a real though perhaps uncon
scious bias.
Leaving the judicial opinion in tbs
case to one side, we look upon the
action of the parties whose rights arr
to be decided, as unjustifiable. ant
their attitude and motive as contemp
tible. That they were among the irsi
and most vehement in besmirchine
the name of the Legislature does no
lessen but rather increases our con
1 49, ~,
they should welcome the opportunit,
TO substantiate them and bring th.
offenders TO justice; If they are no
true their object in making them cal
only be attributed to the basest mt
most unpatriotic motives. In an,
case their excuses seem to US Of tn,
fiimsiest, and totally unjustifiable.
AS to Acting Governor Cooper, pre-
yided he can sustain that onerous bu
self-imposed title. which We doubt. "
consider his course the most eontemT
tible of all. Thurston's excuse ma,
be i'll founded. but il is at least ri
excuse with color of justification
| Co0per's is merely an evasion.
/ wrapping of himself in the robes o
an assumed authority to secure releas
from the performance Of duty whiel
he owes the State. and immunit,
from the punishment which such eva
sion rightly brings upon any man WI
without reason refuses TO perform
such duty Thurston says. az Nv
certain obligations to my client. whie
obligations my testimony would vic
late. Cooper says, 7 am in q pos
ton where donT have to testff,
and therefore wont. IL the Gran
jury are looking for corruption. the
will have TO find 1t without my help.
/ Truly a noble position for an -Aci
ing Governor. and one worthy q
imitation. when he apes the exercis
of an Once which In point of Law b
does not hold, and. We hope to Coz
never viii
The class represented By CCope
and Thnrst0n has been for so lon
responsible 20 nobody. and to n0fi
/ ing. except fheir owu theories IN
their own wishes the latter usual
being paternai ancestors to Ii
former. that they ind It hard :
IreaIize that there is real Law an
q real Constitution IN the land q