Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-09-18
CONSTITUTIONAL QUESTION
Continued from Page ~

this could be done simply on account |
of some lesser crime. without grand |
jury Indictment which was plainly re- |
quired in any case where man was
subject to Imprisonment in state or
territorial prison or penitentiary.
Breckons' client Wa Sin il convict
ed OF minor infraction of the law
could be made to bear the same pun
ishment as a murderer under life SEN
tence and his minor offense became an
Infamous crime because of the pos
sible punishment.
A common drunk. said Breckons,
under the Hawaiian Territorial stat.
ute, is even subject to solitary con.
finement, an added infamy, the add.
tional punishment rendering the of.
tense an infamous crime by its treat.
ment. He cited Colorado case
where a man, convicted Of murder,
was subjected to solitary confinement,
an added infamy after he was sentenc'
ed. and his conviction was declared
void
The Federal authorities, according
to Breckons, were binding on this
court, and established without the
shadow of a doubt the doctrine that
conviction on the charge of an offense
punishable by imprisonment in pen.
itentiary was not valid where there
had been no grand jury indictment.
III Wa Sin" said Breckons, "charg.
ed with selling poisonous drugs with.
out license. be convicted, and sen.
fenced by Your Honor to imprison
ment, and, on the same day a jury
should bring in verdict against some
man for rape Your Honor would sen.
tenCe him to imprisonment in the
same institution, in Oahu prison, to
be confined in the same way. TO be
treated in the same manner, to he
compelled to work at hard labor, to
wear the same garb and to eat the
same food. The only difference in the
| punishment, then, between that which
my client would receive, If he were
convicted, and that of a man convict
ed of rape, would be in the length of
term"
| Breckons proceeded to speak of the
Oahu prison. its rules and regulations,
its conduct and the nature of the in.
| stitution. He referred to some OF the
regulations as decidedly unique: for
example the prison should be white.
washed once every three months and
| prisoners II they so desired were to
be furnished copies of the Holy Bible
and the New Testament. There was
no distinction made between the
treatment of misdemeanor and felony
inmates, however; only witnesses
We're distinctively regulated for. For
small offense a man would have to
| join the hard-laborers on the public
works or be hired out to private par
ties to work, bought and sold, as II
were.
the Deputy Attorney General what
Oahu prison was, anyway, II not the
Territorial penitentiary; persons con-
victed of ANY old crime" were sent
and imprisoned there from all parts
of the Territory.
Attorney +. NJ. Brooks, who raised
the same constitutional question in
the case of Nakamura, charged with
selling liquor without license, and
who II convicted. would be imprison.
ed at hard labor in Oahu prison, such
punishment making his offense an in
famous crime, requiring an indictment
to support prosecution, stated that
Breckons had covered his points and
argued briefly along similar lines.
Deputy Attorney General Peters in
a forceful manner contested the argu'
ments of counsel, among other things
declaring that all the authorities quo.
ted were in Federal cases and did
not apply to the case in point and
that the court did not send prisoners
to the penitentiary but handed them
over to the custody of the High Shcr.
iff; that the Attorney Generals De.
partment specified such places as
were to be used as prisons and jails
and that Oahu prison could at once be
the Territorial penitentiary and the
county jail minor offenses being pun.
ishable by Imprisonment in the latter,
severe crimes in the former; the
Board of Prison Inspectors could
classify prisoners and say how differ.
ent classes should be treated.
Judge Gear took the question under
advisement, argument finishing about
noon
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