The Hawaiian gazette., 1902-06-03

u. "NH N WY NN..N NNNH NNI 7 Ntfff
rHh 5000 "a ihst iUaup0t but you over
iuut D ihr iaIt thtl 10 would b. unfair
to npliy Jaw tD nrts which facts an
tednte the ahanre in the law. and you
may be thankful that the law witch
YOU yourself complained ~ in this
newspaper has itself been repealed. and
that your case D. 10 b. tried by the
new standard.
AMEHiCANtsM TOO ACUTE.
propose a. intiict upon you pun
ishWcni which I consider extremely
light ana do 30 Tor three reasons Ia
the FIRST place the Government that
you were attacking De- The Government
~ the United states. and you are
citizen Of the United states. aud IL any
criticism whatever 10 ia be placed up-
on your citizenship % Is that your
Americansm Is too acute You are
anxious in your nca spaper as Il seems
TO me, 10 accomplish TN "a day what
able men are trying 20 do by years 90
hard labor. History shows that IL Is
Impossible fnr the s0vertiEnty uf "A nu-
mcrous population aud Tor the laws
which govern that nation. 10 suddenly
change. These changes must be grad
ual; history proves that. The disease
you are suffering from seems to me to
De that OF acute Americanism. and you
lost sipht IN that acute Americanism of
the difficulty under which this Gov
ernwent has been laborlnR. / take the
word of your counsel for the fact that
your real object was to impugn this
law, ond not impurn the personality Of
the Judge whose sworn duty it was to
enforce that law.
HAVE ACTED LIKE a MAN.
TIE second reason for my determi-
nation to impose upon you light SEN
tence Is that you have come into court
like man and pleaded guilty to this
charge. which shows to my mind that
you have realized that you made a
mistake, and that you are willing to
receive such punishment as the court
deeys IL its duty to inflict upon you.
The third reason is based up
on remark brought out by the
prosecuting attorney to the effect
that the person libeled, that is the in
dividuality of Judge Rohde. has in the
opinion OF the prosecuting attorney suf-
fered no actual damage whatever that
he stands today just as high before
the people in the Philippine Islands as
he did before You printed that copy of
the paper, and that he himself did not
desire prosecution of this case against
you.
GOVERNMENT NOT VINDICTIVE.
But there are other circumstances to
be considered rather than the individ-
ual feeling of Judge Rohde. He Is the
representative of the government here
In the Philippine Islands, and an attack
upon him is an attack upon the Gov
eminent. When you inform the world
publicly that a Judge has passed a de-
cision which Is a stain upon his char
acter, you in effect say that the Gov
eminent Is an unfit government. Such
remarks unexplained are bound To
work, or at least might work. n very
serious injury. My personal opinion Is
that the Government of the Philippine
Islands does not mean to be vindictive
II appears to me that the entire policy
of the Government of the United States
since 1t occupied the Philippine Islands
has been one of very great humanity
in all lines. Some people have gone
so far as to say that that humanity
was mistake. On that subject ! have
nothing to say, but | do propose to
show that in this case the Government
does not desire to be virdictive. II
merely desires to inform you and to
inform the world that unlawful attacks
upon public officials must not be con-
tinued in the Philippine Islands. A
man must be sure of his grounds be-
fore he acts. and he must be prepared
to take the consequences If it after
wards turns out that his action was
.srlnwarranted.
"ARRESTO MEMOIR"
The court sentences you to a fine OF
one hundred pesos, and further directs
that you suffer the penalty of "arrestc
menor" for one day, and that you pay
one-half the cost of this proceeding
In conformity with the provision OF
article III of the penal code it Is or.
dered that this sentence be executed
by combining the defendant William II
Marshall within the court building o.
this court under the direction of tn,
Sheriff Of the City of Manila for tn,
period of twenty-four hours.
This case will be continued as re
CARDS the other defendant, William ]
White. until the further order of thi
court