Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-14
MALIGNING COURTS OF JUSTICE

The decision Of the three Circuit
Court judges that publications in the
Advertiser constitute contempt Of court
and the sentence of the editor as the
responsible factor for such contempt,
is the occasion of an editorial plea,
made this morning of eXtenuating cir
Cumstances. The first statement pub
lished in this connection Is bald and
ponderous slur upon the conduct OF
the whole judicial system of the
United States.
With this as a basis Mr.. Thurston's
paper endeavors to convince its read
ers that since the advent of Judges
Gear and Humphreys on the local
bench scores of men who have I'M
deniably committed crimes have been
released on mere techniCalties. Here
Is a barefaced lie at the outset. A
score means twenty according to the
dictionary and If the Advertiser will
canvass the facts, it will find that it
would have misrepresented the condi-
tions had it used the word score.
Mr.. Thurston's paper does today what
1t has been doing since Humphreys
and Gear went on the bench. With
consistent purpose worthy of a better
cause, it publishes what is not true,
moralizes on an untruth and holds
Humphreys and Gear responsible.
1t is true that certain criminals have
been technically released on technical
tiles. We say technically released"
baPausp tho pri NINA IS uarn mt tnrrad
loose on the community nor was il the
purpose or intent of the courts to So
release them. During the so-called
transition period criminals were con.
victed and imprisoned in these Islands
by a majority verdict, in open violation
OF the Constitution of the United
States. The local Supreme Court held
that these convictions and the impris-
Comment was legal, and the violation OF
the Constitution in this regard was
legal.
When these prisoners were brought
before the Circuit Court OF the Terri
tory and before the United States Dis
trict Court of Hawaii on habeas corpus
proceedings they were released, only
to be again arrested and their cases
put before the courts as required by
the Constitution of the United States.
Mr.. Thurst9n saw fit through the col
umns of his paper to conduct whole
sale attack upon Judges Humphreys
and Gear. That the attack was mali
cious, personal in its character, rather
than an endeaIsr to secure justice was
evidenced in the direct inference that
criminals were turned loose ON he
community, when they were not, Ina
the further fact that the attack was
confined to personalities rather than a
discussion Of the legal phases OF the
situation which were identical in the
Territorial Circuit Courts. and the
United States District Court.
These transition period cases fur
nished the cue for continuous ntisrep-
resentation Of the First Circuit Judges.
Half truths in court reports, PLAIN I'M
truths In editorial comment, and car
toons were all centered towards pre-
senting Judge Gear to the citizens OF
Hawaii and such outside readers as
might peruse the journal, as practical
ly the friend of the criminal classes.
Even now in its plea of eXtenuating
circumstances the Advertiser says,
THE frequency of the technical de-
lenses sustained in the First Circuit
Court has become alarming and dis
tinct menace to the orderly conduct OF
public Justice" The alarm Is entirely
q creation Of the Advertiser. And this
alarm has been notably lacking when
prisoners were released on account of
faulty papers drawn by the Attorna y
Generals department. L. A. Thurston
himself escaped the Judgment of con-
tempt proceedings through technical
ity. His case was never passed upon
on its merits by the Supreme Court OF
the Territory Of Hawaii Yet he felt
no alarm, voiced no fears OF the dan
gers by which justice was menaCod I'M
til the Circuit Judges Humphreys ana
Gear in their administration Of justice
gave an equal, but no greater, regard
TO technicalities and the rights Of the
prisoner than was shown by the Su-
IRENE Court in Thurstoh's own case
and probably many others.
The course of the Advertiser towards
the First Circuit Court aud Judges
Humphreys and Gear has been palpa-
bly, malicious. Even in its report of
the recent contempt case, II puts
Judges Humphreys and GeaI as the
ones passing the judgment when. as d
METER of fact, all the Dr1"eHdincs and
the Judgment were concurrcl in by
Judges Humphreys, Gear and Robin
sch. Mr. Thurston has singled out two
j'tges against whom he appears to
Rave a personal spite, lie instigated
and led the fight to remove Humphreys
and with his followers was given the
most scathing rebuke ever administered
by the Federal Department Of Justice.
He is the author OF rhe campaign
against Gear, and his evident desire to