The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-10-15
JUDGE EsTEE DELIVERS HIS
CHARGE.
Asiatic Traffic in Women, Cruelty on
The High Seas and Violation of Eight
Hour Law.

ing impanelled and charged the Federal
Grand jury Tor the october term of this
court, appointing j. b. AthertOn fore
man. Marshal hendry has summoned
the following citizens to serve, and all
were accepted: Joseph b. Atherton, h.
J. Wilhelm, Edwin Benner Nj. Phillips,
George. c. Stratemeyer IA. T.. Roth
Thomas u. KroLse, G.. j. Ludwigsen,
John Lucas w. W. Hall
After the usual preliminary questions
Judge Estee asked the members If any
of them had any legal excuse why they
should not serve. There was no answer.
well, this is the best jury / ever
saw" said the judge, and he ordered the
men sworn in 1t Is whispered however
that some of them had made objections,
and found them unavailing, before the
court opened.
only three special subjects were
touched upon i'm the charge given by
Judge Estee. They are the alleged
practice of Asiatics in importing and
dealing I'm women, the matter of cruelty
on the high seas, and violations of the
United States law that limits working
days on government contracts to
hours.
After the usual preliminaries of gem
eral instructions in the law, the powers
Of Grand jurors, etc, Judge Estee said:
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 servitude ex-
cept as a punishment for crime can eX-
ist in this territory.
In reference to this subject, / in
I struct you that IL is claimed by promi-
uent and we'll known people that certain
Asiatics import and sell girls and wo-
men to their countrymen living here
and that there is a well known traffic
in these unfortunate creatures. If this
is so, it is in violation of the Constitu-
tion and laws of the United States, and
| instruct you to fully and fairly in
vestigate this matter and in doing so
you will have the aid and able assls-
| tance 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-
tiOn of the United States prescribes:
! That neither slavery nor involuntary
servitude except as a 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
20, 1874, entitled An Act to protect per-
| sons of foreign birth against forcible
| constraint or involuntary servitude,"
! which reads in part as follows: '......
/ whoever shall knowingly and wilfully
| sell or cause to be sold into any condi-
! ton of involuntary serVitude any other
| person for any term whatever and
! every person who shall knowingly and
! Wilfully hold to involuntary service any
person so sold or bought shall be deem
! ed 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.
That every person who shall be ac-
cessory 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 tern not exceeding five years and
pay fine not exceeding 81 1,OO0.'
While it is further provided by the
laws of the United States, (Act of
March g. 1879 in part as follows:
Section 3. That the importation
into the United States of women, for
the purpose of prostitution, is hereby
forbidden; and all contracts and agree
ments in relation thereto made in ad-
vance or in pursuance of such illegal
importation and purposes are hereby
declared void; and whoever shall
knowingly and wilfully import or cause
any importation of women into the
United States for the purpose of prosti-
tuition, or shall knowingly or wilfully
mold or attempt to hold any woman to
such purposes in pursuance of such H.
| legal Importation, and contract and
agreement, shall be deemed guilty of a
felony and on conviction thereof, shall
be imprisoned not exceeding five years
and pay fine of not exceeding $1,000
10. NIr.g..
Is another question of serious import
ance which may come before you, and
that is the investigation of offenses
committed upon the high seas. 1t Is the
spirit and soul of the law that the deck
of an American ship shall be as safe tC
the toilers of the sea as is the mainland
to the toilers on the shore, and for thai
purpose the Congress of the United
States has enacted, (Section 4611 Of the
Revised Statutes, as amended Decem.
Der q, 1889 that:
" 'Flogging and all other forms OF
corporal punishment are hereby prohi
bited on board any vessel, and no form
of corporal punishment on board any
vessel shall be deemed justfable, anC
any master or other officer thereof, VIII,
shall violate the aforesaid provisions o
this Section, or either thereof, shall bt
deemed guilty of a misdemeanOr, pun
lshaDle Dy Imprisonment not less thar
three months or more than two years
Whenever any officer other than th
master Of such vessel shall violate an,
provision Of thiss Section it shall b.
the duty Of such master to surrende
such officer to the proper authorities, a
soon as practicable. Any failure upol
the part Of such master to comply here
with, which failure shall result i'm tn
escape Of such officer shall render sal
master liable in damages 10 the perso
illegally punished by such officer
1T will thus be seen the policy o
American law is to protect all Of on
citizens wherever they may be an
whatever their pursuits I'm life; and I
that end, the law punishes the officer
of vessels who impose any punishmer
not prescribed or permitted by the sta
1 tutes Of the United states; see as t
punishments, Section 1896 Of the re
Continued to page hve.)