Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-09-17
PEN|TENT|ARY OR
THE COUNTY JAIL
Status Of Oahu Prison
and Constitutional
Questions.
COUNTY ACT MAKES
1.-THE REEF" TW0.EDGED
MOTIONS TO ARREST JUDGMENT
IN LIQUOR CASE AND FOR
A NEW TRIAL ARE
FILED.

coed with the trial of case in which
there Is no written complaint?
Can man be prosecuted for an OF.
fence which can be punished by i'm.
prisonment with or without hard labor
In the penitentiary unless he is indict'
ed by grand jury?
What is Oahu prison-the Territorial
penitentiary, the County Jail, or both?
These are some of the questions
which. while they may not interfere
with the mills of justice grinding ex.
ceeding fine, may cause them to grind
more slowly.
To a great extent the constitutional
questions, relating to the punishment
of certain violations Of the law as in
famous crimes, the possibility of such
punishment. according to many au.
thorities. necessitating an indictment
by grand jury before the prosecution
can be proceeded with. Is narrowing
down to the question of the status OF
oahu prison.
A man charged with a violation for
which he may be sent to the peniten.
tiary cannot be prosecuted, 1t sens,
without being indicted. II this is the
case, II Is said. only conviction founded
on an indictment can place a man In
the confines OF the Territorial peniten'
tlary. Crimes not Infamous, requiring
detention in Jail. perhaps because OF
inability TO pay fines. may take men to
the penitentiary and so become infa
nous.
In this connection the following
from the County Act, Section 39S, is
peculiarly interesting:
Whenever District Magistrate OF
Judge of the Circuit Court shall sen
tence any person to Imprisonment, the
sentence shall state whether such i'm
prisonmcnt shall he in the County jail
or Territorial penitentiary. In the
| County OF Oahu. when any person
shall he sentenced to imprisonment
for less than one year the sentence
shall state that such confinement is tc
be in the County Jail of Oahu County
and not in the Territorial penitentiary
the said penltentiary, for such pur
poses being hereby declared to be
County Jail"
The question concerning the alb
sence OF written complaints covers nu
merous cases appealed from the lowe
court. The practice in the Police
Court Is referred to as follows b,
Justice Perry in his opinion in Terri
tory VS.. Sing Kee, selling liquor with
out q license:
THE charge itself Is. under tn
practice prevailing in the Distric
Court, entered orally by the prescott
ing officer upon the defendants AZ
pcarancc and noted by the Magistrat
in his record. aud It Is upon the charg
us thus entered that the trial Ii had.
It is held by many that this Is III
constitutional.
NJ. G.. SimOcs, tried and cOnyicte
for selling liquor without u license
by his attorneys, Vivas & Bittlnl
files motion in arrest OF judgmen
saying:
THAT the charge upon which defent
ant was tried and convicted Is an II
famous crime within the meaning {
Article of the Amendments to tn
Constitution of the United States G
America, and that the defendant wa
; held 10 answer without presentment q
, Indictment of a grand jury as proyi,
ed by said article, and that this coul
had no jurisdiction to try said defen'
, ant upon said charge, nor to hold hil
to answer thereto.
THAT under the provisions of Sc,
ton 50 OF an Act to provide a govern
I mcnt for the Territory OF Hawaii, a
, laws OF the Territory concerning sale
, OF spirituous or intoxicating liquor
e were repealed and prohlbltio
against the sale OF such liquors wa
70 made and was in force at the tIme {
the arrcst.Oi this defendant, and at tn
time OF his trial ana conviction. and 1
the present time, and is In said Act {
. Congress provided, there have been u
) regulations and restrictions by III
Territorial Legislature governing III
!. sal of spirituous or Intoxicating. III
uors.
That the pretended and alleged o
Tense with which the defendant WI
charged and upon which he was tre
and convicted, Is not known and WI
not known AT the time Of his trial an
conviction, Ia the laws in force In Il
Territory OF Hawaii.
D Wherefore he prays that judgmeI