The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-10
JUDGE ESTEE'S CHARGE
TO THE GRAND JURY

your brethren and fellow-citizens on the
MAINLAND. They are all waiting to see if
thlS new people, in this distant Territory
can govern themselves. You are now
making the first and the longest step
ever taken by citizens of this Territory
toward convincing the world of your
high intelligence, and your capabilities
for self-government
| The experience of the past mas proven
that free government can be best main
tanned and perpetuated by moral and
Christian people. You are reminded
there is no liberty that Is not regulated
by law; and that crime has to be ferret
ed out and adequately punished under
our form of government as under all
other governments.
! And so charge you that you are to
fairly but fearlessly investigate all
crimes which are made such by the laws
/ of the United States
The enforcement of the law, and the
security to life and property which
such enforcement guarantees, are neces-
sary to good government and to the bus
mess and financial prosperity of this
community.
Good people will not dwell in a place
+. where the law is not enforced; capital
| will not seek for investment where just
laws are not made and duly enforced
| Laws, to be just, must be enforced
| alike against all people who are guilty
! of the offenses charged against them,
and punishments for crimes must be
meted out irrespective of persons.
I charge you that you are to present
no man through prejudice, or by any I'M
just or unfair influences, and you are to
leave no man unpreSented through fear
or favor
The General Government has selected
the District Attorney to represent it's
interests in all prosecutions; he will at
all times be ready and willing to aid you
III your Investigations. He will call and
examine witnesses and If need be inter-
prefers to assist you in your labors. In
your examinations you will receive only
legal testimony: mere suspicious and
hearsay testimony you will discard if
in the examination of case, you be-
come satisfied there is evidence, not pro-
duced, which would explain away a
charge presented to you, 1t will be your
duty to get such evidence.
The Court will now call your attention
TO some special subjects to which you
will give a careful consideration; and it
is your duty, and the Courts duty, to see
that the laws of the United States are
faithfully enforced in this jurisdiction.
Complaint has been made to this Court
and, indeed, it is publicly charged to be
a fact. that species of involuntary serv-
nolulu, known as Iwilei, and that GER
tain women are kept in servitude there
for the purposes of prostitution; If this
be So 1T Is contrary to law, and should
be stopped.
I charge you that this Republic and
all Territories belonging to and which
are subordinate to the United States are
dedicated to human freedom; that Meth.
er slavery nor involuntary servitude car
legally exist anywhere on American soil
That the most debasipg of all servitude
is where women are sold for the pur
poses of prostitution. This Is barbarous
and un-American, and Is not only an at
tack upon good government, but a mos
vital blow upon the decencies of civilized
:. life.
The Thirteenth Amendment to the Con
stitution of the United States declares
THAT neither slavery nor involuntary
servitude, except as a punishment fo
crime, whereof the party shall have beer
, duly convicted, shall exist within tn,
United States or any place subject t,
their Jurisdiction" Webster defines serv
r itude to mean, 1.-THE state of voluntary o
involuntary subsection to a master
2 whereby one thing or person is subjec
{ to another thing or person for use con
t trary to common right All forms o
/ servitude are contrary to law, an
r against common right; and any illega
i
son whereby the party restrained is un
e der subsection to another is involuntar
I servitude.
? In this connection the Court calls you
( attention to an Act of Congress entitled
: IAN Act to Protect Persons of Foreig
r Birth Against Forcible Constraint or In
< voluntary Servitude," passed June 2;
= 1874, which reads in part as follows:
Whoever shall knowingly ar
: wilfully sell or cause to be sold, int
, any condition of involuntary servitudc
Y any other person for any term whatever
= and every person who shall knowing,
3 and wilfully hold to involuntary servic
e any person so sold or bought, shall b
: deemed guilty of a felony, and, on con
n viction thereof, be imprisoned for a teri
o not exceeding five years and pay a fir
e not exceeding Sc, 900.
S THAT every person who shall BE &C
: cessory to any of the felonies herein dc
g clared, either before after the fac
h shall be deemed guilty of a felony, al
on conviction thereof be imprisoned 70
term not exceeding five years ana "a
= a fine not exceeding $1,000" See list
>. United States Statutes at Large, =. 251.
q See also the Statutes of the Unite
States, volume "a, p. 635, which reads
" Part as follows:
s THAT whoever commits adultery sha
l. be punished by Imprisonment in the per
ltc0tldTy not exCeeulHS lHTee years, al
g when the act is committed between
ra' ried woman and man who is III
e married, both parties to such act sha
IL be deemed guilty of adultery, and whe
10 such act Is committed between marie
te man and a woman who is unmarried. tt
man shall be deemed guilty of ;tdulter
III THAT If an unmarried man or woma
- commit fornication, each of them shall
Or punished by imprisonment not exec, liz
six months or by fine not exceedir
Ie s10o"
N So 1t is prescribed by section OF
Is Act of Congress, approved March 2, Is
or % Statutes of the United States
of Large, page 81 THAT If any male pc
r son in Territory or other place ov
On which the United States have exclusi
ou Jurisdiction, hereafter cohabits WI
ry more than one woman. he shall
nd deemed guilty of a misdemeanor and
e. conviction thereof shall be punished
r- a fine of not more than $500 or by II
at prisonment for not more than six mont
RS or by both said punishments, in the
re- erection of the Court"
W; It appears from the recent official l
ed port of the Territorial Grand Jury, pu