Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-10-06

government de facto until Congress
should provide territorial govern
ment, is peculiarly applicable to this
case. The great law of necessity Jus
titles this conclusion. The consent OF
the people Is irresistibly inferred from
the fact that no civilized community
could possibly desire to abrogate an
existing government, when the alter
native presented would be to place
themselves in a state OF anarchy, be-
yond the protection of all laws, and re-
duce them to the unhappy necessity OF
submitting to the dominion of the
strongest
Evils That Follow.
| The evils that would follow in case
the decision OF our Circuit Judge Is
law, are easily seen. A misdemeanant
, charged with malicious injury. for in
stance, for which he might be fined
$1,000 must be taken before the Dis
trict Magistrate. He has not even the
poor privilege of pleading guilty, but
must be sent to the Circuit Court to be
indicted II he does not consent to be
held for the grand jury his case is
heard. This involves a regular trial
He must procure lawyer, and IL the
Magistrate finds there is probable
cause, he is held over for the grand
jury. He Is then released on bail, If
he can procure bail. for which he must
give bond. This bond requires dol
lar revenue stamp. If he can't procure
bail he must remain in jail. In case
the grand jury should find true bill
against him. his case could not. in all
probability, come on for hearing with
In six months of the hearing in the
district court. He Is then brought up
and arraigned in the circuit court,
where he must again employ a lawyer
10 represent him, and is put upon his
trial. II he Is found guilty, the costs
OF court would probably amount to $37,
which he would have to pay or work
out. | have assumed that the trial
would come of within six months of
the first hearing in the district court,
but In all probability 1t would be near
or three years II all misdemeanants
are to be indicted. A man thus charged
although he might have been willing
to plead guilty In the district court, Is
Obliged to submit to the senseless cere-
mony which | have set forth, the only
difference being that he pleads guilty
to the indictment when arraigned In
the circuit court, instead Of procuring
a lawyer and standing trial. In case
n ~ phnN1l Hnuirn 10 10 lne a
himself from what he considers to be
an unjust charge, he would have to re-
main In the Territory all the way from
six months to three years before he
could have the matter disposed Of To
those who are only temporarily here.
and have the misfortune to be charged
with a misdemeanor, this procedure.
upon its face, would appear to be an
outrage. But not only IL the individual
thus outraged. II the decision referred
to Is law. but the community Is equally
outraged. II every misdemeanant must
be Indicted, the work OF the Attorney
! Generals office would be SO increased
that large stan OF lawyers would be
required to attend to II. The work OF
the grand Jury would be such that It
would have to sit practically all the
time, and then in all probability one
grand jury could not do the work. The
petit jurles Of the three judges would
be busy all OF the time with INSIDE
meanors. The witnesses In each con
tested case would have to appear In the
District Court. and then before the
grand jury. and then In the Circuit
Court before the petit jury. Such a
condition OF affairs would paralize the
administration OF justice. besides caus-
Ing incalculable expense TO the country.
but further. all misdemeanants since
the Newlands resolution have been
improperly convicted. and where SEN
fenced to Imprisonment, have been
falsely imprisoned. All those senten,
ced to pay fines have been unjustly
ordered to pay money, and where the
same has been paid 1t should be re-
turned to them. All those now under