The Hawaiian gazette., 1903-02-20
NEED Of NEW
LEGISLATION
Dole Would Save
Work for
Jury.

| The report Of Attorney General Dole
of the work in his department up to
January list, when his connection with
the Office was ended, has been submit
ted to Governor Dole.
Mr.. Dole makes several important
recommendations, one of which Is that
all officers of the government be bond
ed, the second to do away with grand
jury in the consideration of petty Of
fenses. He refers also to the Osaki
Mankichi case and to the great increase
in the amount Of crime in the Territory
within the past eighteen months. At
tention Is paid also to the various EN-
bezzlements.
Referring to the need of new legfs-
lation Mr. Dole says:
'(n this connection l again wish to
| recommend legislation which seems to
me matter of great public import
ance. The Fifth Amendment to the
Constitution of the United States de-
clares that: No person shall be held
to answer for capital or otherwise
Infamous crime unless upon present.
ment or indictment of grand jury. ex-
cept in cases arising in the land or ma
val forces, or in the militia, when in
actual service in time of war or public
danger. 1t has been settled by numer-
Gus judicial decisions that any offense
which may or can be punished by loss
Of civil rights, or by Imprisonment at
hard labor for a term exceeding one
year, is an Infamous offense. Various
Cffenses classed as misdemeanors under
the Republic and Monarchy and ordi-
narily punished by a small fine or a
short term Of Imprisonment, can, I'M
der our laws, be punished by imprison-
ment at hard labor not exceeding two
years with loss of civil rights. This
puts them beyond the jurisdiction Of
district magistrates. A boy who steals
pocketful of fruit or handful of
cigars, must either go UNPUBLISHED and
permitted to do so again and again
with impunity until he is educated into
the habits of thief, or else he must
be indicted by grand jury and tried
by petit jury. Busy men who are
public spirited enough to willingly sac
rifice their time to the government
when necessary, complain, and justly
complain, that tits an imposition to be
compelled to sit day after day and
week after week, hearing these trivial
cases. Yet, with the law as 1t now
exists, there is no help for them. 1t is
almost equally burdensome upon wit
nesses. 1t congests the court calen-
oars in Honolulu, and even in other
circuits, to such an extent that 1t is
almost impossible for men litigating
their civil rights on the law side Of the
court to obtain a hearing. 1t adds
greatly to the burdens of the judiciary
and it unnecessarily and largely in
creases the expenses of both OF these
departments. l believe 1t Is also an
injustice to a person accused Of minor
derous machinery in motion against
him, when he might, at a comparatively
small cost of time and trouble, have
prompt trial before a district magis-
trate, with the right of appeal to jury
if he desires it. 1t is furthermore an
injustice from the fact that, as the law
now stands, even though he is fined
only dollar or imprisoned only for
day, he can never vote or hold Office
unless he is pardoned by the Governor
also believe that the public Is better
protected from crime where justice Is
speedy and sure aud punishments are
comparatively light. than where 1t is
slow, expensive and uncertain, and the
offender, IL convicted Is more severely
dealt with. / recommend a careful
revision by the legislature of the pun
ishments prescribed for minor oilenses,
made this recommendation two years
ago. | believe the present legislature
will be alive to the public necessity IN
this matter"