Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-06-10

"A disreputable and reVengeful
court"
These words applied to the First
Circuit Court OF this Territory by the
Advertiser again brings to public no
tice the Interpretation which the pro.
prietor of that paper places upon the
exercise of the pardoning power by the
Chief Executive of Hawaii just return.
ed from Washington. The Advertiser
has been and is the generally accepted
newspaper organ of the Governor. For
the past two years It has made vi.
cious and unrelenting warfare on the
First Circuit Court, disappearing
the acts of its judges and by every in.
vention of argument and invective en-
deavored to bring the judges and the
court into public disrepute. II there
has been any merit in its attacks, the
virtue has been clouded, absolutely
lost to sight by the vindictive charac.
ter of the onslaught and it's over.
whelming smear of personal spite.
Finally the spite campaign reached
point where 1t directly interferred
with the course Of justice in the case
of a prisoner on trial before a jury.
The editor of the Advertiser was call.
to account for contempt of court.
Three judges concurred in finding
him guilty as charged. Three judges
concurred in the sentence of thirty
days Imprisonment. This took place
on March 18th.
The case was Immediately taken be-
fore the Supreme Court Of the Terri.
tory on writ Of habeas corpus. The
Chief Justice granted the writ, max,
ing 1t returnable April &c, at the same
time admitting the petitioner to bail.
The case was ably and fully argued
before the three justices OF the court
On June 9TH following the court rem
dered a decision confirming the ruling
of the Circuit Court and remanding the
petitioner to the custody OF the High
Sheriff.
On the evening of June 9Th, l.. A
Thurston appealed to Acting Govern
or II. L. Cooper for a pardon. This
Mr.. Cooper positively refused.
Friday afternoon, June 9th. Govern
or Dole arrived in Honolulu and as
sumed the duties of his Office.
Saturday afternoon, June 7th, Gov
ernor Dole granted the pardon, which
Cooper refused. thereby boldly upset
ting the order of the courts. Governor
Dolce gave no other reason for his &C
ton than the statement that he con
sidered the sentence excessive.
On June 10th, the Advertiser II
whose behalf the Governor overthrow
the mandates of the courts, speaks
of the First Circuit Court as "a dis
reputable and revengeful court"
Not one word OF criticism for the
action of the courts has been offered
except in the Advertiser.
Not one word of approval has beer
offered for the action Of the Governor
except In the Advertiser.
The Governors action was received
with comments OF disgust by men rec
ognzed and accepted as his friends
The political situation which seemed
to be clarifying and brought int
something like a peaceful condition
was Immediately stirred again into
ferment, The community could overlool
idiosyncracies, or executive indiffer
ence but It protests and vigorously pro
tests against any Governor of any Ter
ritory becoming law unto himself, tn,
Judge, the jury and the law, ridini
down rough shOd lne highest courts
and the conclusions of FIVE judge
reached after mature deliberation. Tn,
most commonplace citizen is quick t
see that the Governor, either intoxl
Gated with power and the Presiden
tial endorsement, blind to his duty o
boiling with personal spite against tn,
judges, has struck at the very foun
dalton Of American justice. His frs
official act has been to defy the fun
damental principles OF American instl