The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-29

on that
as no evidence adduced tending show that this
ond ofense
Section AZ of the Penal of 1897 reads as follows Any
person. other than the agent of person thereto
licensed who shall sell dispose of any spuous liquors within
this Republic shall authorize therein any sprtuous
liquors to be sold disposed by any person employed hired
engaged for such purpose without being thereto authorized by
license this Act provided SHALL the first oense be fined
not less than hundred dollars more five hundred
dollars and for every subsequent oense shall be imprisoned for
not less than three months than months hard
labor and shall also be fined less five hundred dollars
nor more than thousand dollars"
1t forth charge nor was any evidence adduced
tending to show, that this second Subsequent oense
OF the unlawful sale of puous liquor the part of de-
PENDANT 1t not therefore, within the power of the District
Magistrate to impose sentence of Imprisonment That the
tence was In this confessed by the
ecuton and the only question before the disposition
to be made of the under the The defend
ant contends that this being appeal point of law
District Court the only possible and dis
charge the defendant while for the prosecution urged
this Court should modify the sentence by striking out refer
to Imprisonment.
1t the matter before of District
Magistrate it clear that it would be within the power
this Court where found the sentence either
mand the cause for correction in the sentence make the
modification itself See Jackson United States Fed
473, 400; Haynes D. United States 1O1 q. S. 81 $780, s.
e. p Road Co. The People, Sc Barb Is, 81; Cv La,os
1897 Section 1856 See also State Cro0 lie N G. 1852
1859, and United States Prdgeo 1853 o. S. 49, 81. If the
had here exceptions from Circuit Court would
be equally clear this could to such
Circuit Court for correction of the Is this Court devoid
of such simply because this appeal point of law
from District Court? In civil have been here
ofore taken for granted that such powers did exist See King
Hutchinson 10 Haw. 245 248; Wilson 4ndreos II Haw
49, rs zee Yop Lee Tai Young Ib 1913, 201 Yong Den
Hitchcock, Ib 270 Viuas Asaoan, H. $780, Lazarus
Carter h. 541 543; Kala o. Canarnos h. 557, $780, Lea
Bop Young Yang, Ib. 49, ia; and Union Feed Go.
Thomas, - Haw. $780, 351 We think that they exist like
wse criminal The statute under which this appeal
TAKEN provides chat any appeal solely upon points of law from
decision of District Magistrate shall be stated in the notice
of appeal and such appeals upon points of law may be made
either the Circuit Court of the Circuit to the
Supreme Court the option of the party appealing and such
appeal shall be heard and determined without the Intervention
of jury.'-Secon $780, Civil Laws of 1897 No specific
provision be found in statutes to what remedy the
Supreme Court grant where such appeal it
found that the District Magistrate committed error; but
of said Civil Laws says The Supreme Court shall
general superintendent of all Courts of inferior ur
dction to and abuses therein where
other remedy expressly provided by law and section 1865
Ib, "The Supreme Court shall have the power < to
make and award all such Judgments deree orders and man
all and other to
all such other and take such other steps be necessary
carry full effect the powers which shall be given to
it by the Constitution and laws for the promotion of justice
in matters pending before it, These sections opinion
confer upon this Court ample authority according the facts
of and Justice may require either correct the In
the before by striking out the illegal portion or to
remand the to the District Magistrate with directions to
make such impose and legal sentence
the King Tai Wa, Haw. 59S, appeal on points
of law from the Justice of Honolulu it held that the
only being sentence the could not be RENTED to
the Police Court for legal sentence and Theoretically that the
appellate could correct the and the defendant
was discharged In Provisional Government Aloidu Haw
399 400 the Court said eff the Illegal following
Re o. Wa Haw $685. would only have the authority
to discharge defendant because would not have the
to substitute legal for that Illegal send
case back to the district order that might do so