Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-05-04

IN JnlS circuit at lne present ltlm VI
this court.
Capital Crime.
A capital crime Is a public offense
the punishment for the commission of
which, as prescribed by law, is or may /
be death. 1t is included in that class |
Of criminal cases In which the death /
penalty is or may be inflicted, and the |
class of public offenses contemplated
in the expression" otherwise infamous
crime" as used in the provision OF the
constitutional amendment quoted in.
cludes any public offense the penalty
for the commission OF which, as pre-
scribed by law. works infamy in the
one who has committed 1t. Section is
of the Act of Congress of the United
States, entitled IAN Act to provide a
government for the Territory Of Ha.
wall" approved April 3Oth, 1900, in
effect June l4th, 1900, and referred to
! locally. for the sake of brevity, as the
Organic Act" provides that mo per.
son who, in due course of law, shall
! have been convicted of any criminal OF.
tense punishable by imprisonment,
whether with or without hard labor,
| for a term exceeding one year, wheth'
er with or without fine, shall register
| to vote or shall vote or hold any office
/ in or under or by authority Of the Gov.
eminent. unless the person so convict.
ed shall have been pardoned and re.
stored to his civil rights" AS the dep.
rivation of civil rights unquestionably
works infamy in the person deprived
OF those rights. this provision of the
Organic Act sufficiently indicates the
line of demarcatiOn between that class
OF public offenses. called felonies,
which require the presentment or in.
dictment of a grand jury as ncces.
sGry incident to their prosecution I'M
der the provisions Of the Fifth Amend.
mcnt, and that class of public offenses
called misdCmeanOrs, the prosecution
, of which does not require such pre-
sentiment Of Indictment In line with
this provision of the Organic Act, the
. Legislature Of the Territory of Hawaii
! at its recent session, passed an Act, APP
, proved April 22d 1903, in efect upon
E approval. wherein II is expressed and
: provided that the term felony as used
, In the laws of this Territory. means an
: onensc that is punishable with death
! or with imprisonment for longer pc
Rod than one year Every offenso not
: g felony Is a misdemCanOr.
= As that class of public offenses, call
ed misdemeanors, does not require the
prescntment or Indictment OF a grand
jury to support the prosecution Of per
sons charged with such offenses,
charge you that your investigations
should be confined and limited to thai
u class of public offenscs the prosecution
OF which, under the Fifth Amendment
requires the presentment or indictmen
of grand jury to support It, for the
-, reason that a person charged with thu
commission of public offense tn,
. prosecution of which does not require
the presentment or indictment of {
grand jury to support 1t is afforded am
a pie protection and the people of thu
Territory of Hawaii. as well as tn,
complaining witness. have an ade
q quate, complete and speedy remedy, a
q greatly less cost to the Territory, II
Il tie summary jurisdiction exercised b,
: the District Courts under our laws.
n Public Institutions.
e It is your privilege and right to in
il quire into the management of publi
= institutions, under Territorial control
situated in this circuit but II Is no
@ your duty to do SO unless some spe
: Cihc charge of gross mismanagemeu
r. or malfeasanCe in Office on the part o
= the officers or employees OF some par
= ticular institution Is called to your At
q tention. The practice which has oU
IS tanned in this jurisdiction, to some e%
J. tent, for each successive grand jury I
r investigate public institutions, unde
v Territorial control, situated In this Gil
u cult, against the officers or employee
IA of which there has been directed n
n charge or suspicion of mismanagemeI
p or malfeasanCe in Office is as useles
to and absurd as 1t is expensive and car
"a not be too strongly condemned TIL
expense incident to each days sessio
of grand jury is considerable an
each day unnecessarily employed in IL
quiring into a trifling offense, allege
TO have been committed or into III
management of public institution
= against the officers or employees {
in which there has been directed n
ny charge or suspicion of mismanagemei
I'll or malfeasance in office, imposes u.s.
Is less expense and an unnecessary finaI
ed cial burden upon the taxpayers OF tn
Is Territory.
n. Private Revenge.
u. Judge Robinson here gave the usut
al instructions that their power was NJ
to be used in aiding private reveng
on that they were to pay no heed to rune
IN. and that they should be impartial, +
ty also laid down the distinction betwee
on an indictment and a presentment, an
ed concluded as follows:
AS Gentlemen, am not at present AVA
he of any additional matters within Il
rangn Of rpur Iutiag whiph I danm