The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-04-12
JUDGE ESTES CHARGE
TO THE GRAND JURY

making the first and the longest step
ever taken by citizens of this Territory.
toward convincing me word OF your
high intelligence, and your capabilities
for self-government.
The experience OF the past has proven
that free government can be best main
tancd and perpetuated by IA moral and
"A 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.
l 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 its
interests in all prosecutions; he will at
all times be ready and willing to aid you
IN 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; II
in the examination of case, you be-
come satisfied there is evidence, not pro-
duced, which would explain away
charge presented to you it 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, 1t Is publicly charged to be
fact, that a species of Involuntary serv-
itude exists at a notorious place in Ho-
nolulu, known as Iw!lei, and that GER
tain women are kept in servitude there
for the purposes of prostitution; II this
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 can
legally exist anywhere on American soil
That the most debasng 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 most
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 punishment for
crime, whereof the party shall have been
duly convicted, shall exist within the
United States or any place subject to
their Jurisdiction" Webster defines serv-
itude to mean, 1.-THE state of voluntary or
involuntary subsection to a master.
whereby one thing or person is subject
to another thing or person for use con-
trary to common right" All forms Of
servitude are contrary to law, ana
against common right: and any illegal
restraint upon the free action of a per-
son whereby the party restrained Is I'M
der subsection to another Is involuntary
servitude.
In this connection the Court calls your
attention to an Act of Congress entitled:
An Act to Protect Persons of Foreign
Birth Against Forcible Constraint or In
voluntary Servitude." passed June 25,
1874, which reads in part as follows:
whoever shall knowingly ard
wilfully sell or cause to be sold, into
any condition of involuntary servitu,e,
any other person for any term whatever,
and every person who shall knowingly
n nd hn11 TO TWO l,,p TO-,
amy person so sold or bought, shall he
deemed guilty of felony, and, on con-
vict!on thereof, be imprisoned for a term
not exceeding five years and pay a fine
not exceeding 5000.
THAT every person who shall Re &C.
cessory to any of the felonies herein de-
clarcd, either before or after the tact
shall be deemed guilty of a felony and
or conviction thereof be imprisoned TOR
term not exceeding five years ana lay
fine not exceeding $1,000" See 18th
United States Statutes at Large. =. PSI.
See also the Statutes of the Un ted
States, volume "a, p. 635, which reads in
Part as follows:
'"That whoever commits adultery shall
be punished by Imprisonment in the PEN
iSenliary not exceeding three years. and
when the act is committed between a
ma ried woman and a man who IN IN
married, both parties to such act shall
be deemed guilty of adultery and when
such act is committed between married
man and woman who is unmarried. the
man shall be deemed guilty of adultery.
THAT II an unmarried man or woman
commit fornication, each OF them shall be
punished by Imprisonment not exec ling
six months or by fine not exec sding
800"
So II is prescribed by section 3 OF an
Act of Congress, approved March 2, 1882,
% Statutes of the United States at
Large, page 81 THAT II any male per-
son in a Territory or other place over
which the United States have exclusive
Jurisdiction, hereafter cohab!ts with
more than one woman. he shall be
deemed guilty OF misdemeanor and on
conviction thereof shall be punished by
a fine OF not more than $500 or by i'm
prisonment for not more than six months
or by both said punishments, in the dis
erection OF the Court"
1t appears from the recent official re-
port OF the Territorial Grand Jury nuh.