The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-18
TYRANNY OF
THE COURTS
How Things Are
Run by Circuit
Bench.
CRIMINALS FREED,
CRITICS PUNISHED
A Triumvirste Which Rides Rough
Shod Over the Freedom
OF the Press.

Following is a Star editorial of yes
terday:
The Star on Saturday showed that
there was an effort to establish tri-
umvirate in these Islands, as there had
been the same effort centuries ago else
where. Our own aspiring triumvirs are
of course very far behind, so far be-
hind as to appear infinitesimal, their
prototypes. but they have similar char
acteristics. There is the dupe led by
the nose, and to be dropped when the
other two had used him as long as
needed. There is the pleasure lover,
with flashes of mental power, who hav-
ing Joined with his more able and
astute colleague having helped in the
| smashing of the first member of the
trio, will himself in turn find himself
dropped, leaving the one astute and
ambitious third of the combina ton, eat
ing the chestnuts, while the other two
get thankfully a share of the skin ac-
| cording to each ones merits, and the
people supply the food for !.
Such a combination is such an old
story and its disintegration through
I mutual jealousy is so certain. that
knowing historical precedent. it seems
almost not worth while to try and rem
I edy it. Such cases are like cases Of
measles, Of whooping cough, of chicken
pox They have very little effect upon
| the future OF the human being. though
| the child has to be sedulously cared
! for at the time To carry the analogy
| further the body must be cared for or
| IL is apt to succumb, and that is what
we have TO care for in our body poll
! tic.
The attitude of the Circuit Court,
! with its consultations in banc, is
! menace to the liberties of the Territory.
As he's been abundantly shown no man,
| except a debased criminal, can expect
an thing but the hardest treatment
! from the courts. It has been a con-
slant wall from the Circuit Court bench
that there was no jail and that it could
not, on its conscience. send first offend
ers TO the penitentiary to herd with
hardened criminals and murderers, and
| therefore suspended sentence, or let the
criminals off altogether.
! Portions of this court have gone to
| the District Courts and almost wept
| tears upon their respective bosoms eX-
planning that it was no effort to down
those courts, but that there were rea-
sons, perchance political reasons, why
| these courts should be disregarded, and
] the Circuit Courts exalted. 1t was n
| specious plea, but it had no effect, and
| the brand for the miscarriage of JUS
| tice remains with the Circuit Courts of
| Honolulu, not with the District Courts
OF the Island of Oahu. The triumvirs
| have used their utmost skill to muddy
! the water, but it Is right up against
them. AS far as justice is concerned.
| justice is not in them. Mccarthy might
| not have had as hard a sentence If 1t
| had not been that triumvir number two
| feared the public opinion which had
been aroused by the McSwiilegan car
toon. Mccarthy ought to be an excel
lent ward heller and triumvirs num-
Der one and two will need his services
later on. 1t is hard to have a useful
servant come before you and finally
through overwhelming public opinion
he obliged to sentence him. Whether
| the McSwilleSan cartoon was contempt
! of court, which clear headed jurists de-
| ny, or not, it undoubtedly did it's work.
, Returning TO a portion of the previ-
Gus argument. it is interesting to note
the extreme anxiety of the courts and
| especially of Judge Gears court to
show tenderness to criminals, and to
throw censure on the executive for not
providing what the learned and hon
orable'' judge knows very well has not
( been provided for by the legislature,
the majority OF which were the Circuit
Courts ardent supporters, viz: the
Home Rule party. for neither Judge
Humphreys nor Judge Gear are true
republicans, they may call themselves
so in name, but they work the Home
Rulers for their own ends.
Seeing the number of criminals over
whom one or other OF the judges of the
First Circuit Court has wept, 1t is re-
markable that there should have been
no such deep feeling over the case Of
w c.. Smith. Tom Opunui could be :
charged with MASKING in his w,fe's ,
head. but IL was a first offence, and :
the penitentiary was no place to send /
n person on such a cause Sentence
suspended. \ couple of burglars who .
stole some $500 of jewelry were i'm
properly charged. They must be al
lowed to so free. Jury so instructed :
and when comment came. the Judge
blandly said, IT did not discharge
them. the jury did
But when Editor Smith was brought
forward. as the accumulated result Of
endless cartoons and satire. there was
no feeling about Editor Smith. The
penitentiary. which was no place for
OpunUi ct ALA, was quite good enough
Tor the scoundrel who had at his com
mand both pen and pencil. II did not
trouble the judicial mind that there
was absolutely no moral turpitude in
smith, that he was an honorable gen
t-nan ard had led "a clean life, which
might b. C0utrasted with his Judge
Very much To Mr.. Smiths advantage
and honor. II It had been possible t.
i-nd Ar. Smith in the genitent.ary