The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-05
CHARGE TO
GRAND JURY
Is Not Sensational
Nor Very
Long.
THINKS THERE ARE
TOO MANY SALOONS
Three Prisoners Charged With De-
sertion Are Released Under
Courts Ruling.

Judge Gear yesterday morning ant
then excused for the day Unlike pre-
vious judicial thunderings from tht
bench, yesterdays charge was unusual
ly mild, though the court referred il
rather gentle terms to the old-not the
new-Iwilei, and somewhat more for
chilly to the increase in the number OF
saloons in Honolulu. Chas. s. Desky
was appointed as foreman and Bailif
| Emil Ney will again have charge of the
! Grand Jury. Judge Gear repeated al
: some length the duties OF a grand
jury. defining its inquisitorial
powers. and charging it to investigate
all evil wherever found, ending up with
! the usual admonition TO spare neither
! friend nor foe.
You are all intelligent gentlemen, .
said the court in delivering his charge.
| land are no doubt constant readers of
! the newspapers. You have consequent
! ly read the able though somewha t
| lengthy charges to grand juries already
! given in this court, and while such
! charges were necessary formerly, the
/ grand jury being a new body in this
4 Territory, their repetition now would
I be of no value. The grand jury, though
old as the law itself, is a new body in
this Territory. The Constitution pro-
I vides that no person may be convicted
of a capital or otherwise Infamous
crime without grand jury Indictment.
though prior to July T. 1898, the one
man power of presenting indictments
was prevalent in these islands. The
wisdom OF the lawmakers of the Unit
ed States, however, has changed this,
and the power is now divided in the
grand jury. Some people thing it still
to be wrong, but they are in the mi
nority. You, gentlemen Of the grand
jury, viii hear but one side of the case,
the statement only OF the prosecution,
and which if standing alone you deem
to be sufficient you should return an
indictment. You should deem il
great honor to be selected as members
Of the grand jury, and have no doubt
viii so consider il.
There are no matters Of great pub I
lie Importance which the court knows
of now to call to your attention, but
you have a right TO visit all public in
stitutions. the insane asylum, prison
and all public Offices. You are to in
vestigate any wrong doing or malfeas- 4
ance in Office without fear or political
reasons or other reasons.
There is one matter to which I will .
call your attention. At a former term 7
this court granted an injunction ,
against continuing Iwilei I have seen /
sensational statements in the public .
press that this place is stin being car
ried on, and I charge you, gentlemen of
the grand jury. that if prostitution is
still carried on there. il is your duty
to investigate it, and whether there is
prostitution in the best hotels. or
br.--c
out fear or favor.
You viii also inquire into the num-
Der Of saloons. I understand that the
number has alarmfngly increased in
this city, and the existence of crime,
which is also on the increase, is TO
great extent because of the saloons.
There is q difference Of opinion as to
whether prohibition or saloons are the
best thing for the community. but that
viii not be allowed 10 enter into this
question, which is solely the alarming
increase in the number of saloons. II
you wish to inquire into this. do So
whether right or not, 1t is still a fact
that there are too many saloons and
the increase in crime is due entirely to
the alarming spread in the number OF
saloons.
The last grand jury visited and
made report upon the insane asylum
and reported against the way il was
conducted by the government, recon-
nending several changes. Nothing has.
however. been done to remedy The evils
complained Of You also have the
power to have instituted proceedings TO
lose up anything which is a menace
o the public and have these wrongs
emedied.
The court viii here remark that the
ave little influence, and you are par
icuiarly warned against testimony OF
his nature. II is the weakest kind OF
violence and you should be very care
u in this connection
The remainder Of the charge OF the I.
curt referred TO the dutie. OF the jury
nd of the Acknowledgement and was
cad by the court from former charges. :
The jury was Immediately excused
ntil this morning at ten o'clock
THE DISCRETION LAW.
Judge Gear again declared unconsti- Z
ltional the GeSeTtion law. and dismiss
J the three defendants who had ap g,
saled from the jail sentences imposed
= Judge Wilcox. In the case Of Mrs.
b Young. Mr. Andrade entered a plea
not guilty. and then argued for a
sr1issal on the ground that the law
as contrary TO the thirteenth amend =
ent. which prohibits involuntary ser
tude. He contended that compelling
le wife 10 go back 20 her husband
hen she could not get along with him =
as a species OF slavery, and contrary -
the constitution.
Deputy Attorney General Cathcart in
ply stated that the marriage ties {
ere entirely voluntary. and that the =
" was made in the interest Of moral
= and could not be construed as en-
rcing involuntary servituGe. He said
times husband was considered a