The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-05-05
GRAND JURY
SYSTEM
IS WRONG
Robinson Opens a
New Term of
Court.
Attacks Present Grand
Jury Law as
Absurd. !
Also Deprscates the Practice of
the Past of Useless IN
vestisations.

Judge Robinson in a strong charg
to the grand jury for the May Term o
court. which opened yesterday. pointed
out the many defects in the present
grand jury system He charged the
jury. however, that it would have tc
Investigate all felonies as prescribed by
the Constitution. saying that these
were crimes in which the punishment
exceeded one years Imprisonment.
The charge was in part as follows:
Gentlemen OF the Grand Jury:
All that has thus far been said or
published concerning the grand jury
system has been OF praise, because OF
its alleged benefits and strenuousIy as
serted advantages. and II would be of
little avail for me at this time. alone
and unsupported by precept or prece-
dent. TO call attention To it's many dis
advantages and absurdities. The costly,
cumbersome and diiatory nature Of the
entire grand jury system and it's
doubtful utility. as means OF protec-
ton to the citizens tf State from un-
Just accusations ard unfounded GRIM
fnal charges-in view of the protection
afforded by the right OF trial by jury
and the writ OF habeas corpus-as well
as the partial character of it's investi-
cations in hearing only and arriving
at a conclusion solely upon the testi-
Inony OF those who are interested, or
who are likely to be interested, in Sc
curing the Indictment of persons charg-
ed with public offenses, seem to have
80 ICn< fo~I.f 80 ~, L.r1 -
which surrounds the system like the
luminous exhalation which hovers over
tho last resting place OF some dear de-
parted. as necessary incident to a
relic of antiquity, once quick, now
dead. but not yet reduced to its native
dust
Judge Robinson further instructed
the jury that It was its right to investi-
gate Territorial Institutions, but that !
the practice which has obtained in this !
jurisdiction, to some extent, for each |
successive grand jury to investigate |
public institutions. under Territorial |
control, situated on this circuit, against |
the officers or employees of which there |
has been directed no charge or suspi- |
cion of acknowledgment or malfeasance |
In Office Is as useless and absurd as it is |
expensive and cannot be too strongly |
condemned The expense incident to i
each days session OF a grand jury is I
considerable and each day unnecessar-
lily employed in inquiring into a trihing |
ofense, alleged to have been committed !
or into the management of a public in
stitution, against the officers or en-
ployees Of which there has been direct |
ed no charge or suspicion of misman-
agement or maIfeasance in Office, i'm
poses a Useless expense and an unnec-
essary financial burden upon the tax
payers OF this Territory.
The court also advised the jury that
there viii be no necessity for investi-
eating inisdemeanors. as the law had
been changed by the Legislature. a. w.
Pearson was appointed as foreman and
VIM Tell as bailiff 20 the grand jury,
which began work Immediately.
The mrch-iauded grand jury system
became engrafted upon tho Constitu-
ton OF the United States by the fifth
Zone Of the ten original
engrafted at the same
time) at session OF the first Congress
81 the United States in 1879. but it Is
doubtful II such an amendment were
presented for the first time to the Fiji
.y-eighth Congress It would obtain suf-
Hcient support TO secure its ratifica-
ion.
venture to express the hope, how
-NELs LldL VIII SItdltL uENGlOP- ]
nent OF reason and logic. all provisions
m support OF this system will be elm
mated from the national and State con-
'titutions in the same manner and to
he same extent as are now being elm
mated in some of the States those 9th
n anachronisms, terms Of court and
Tanus-faced courts OF justice. with dis
iuct and sharply defined law and equi- h
y sides 10 the same court
The Fifth Amendment TO the Consti-
ution OF the United States provides
hat no person shall be held to a cap |
tai or otherwise infamous crime. un- Z
ess on presentment or Indictment Of a ,
rand jury. except in cases arising in
ne land or naval forces, or in the milf c
ia. when in actual service in time OF E.
var or public danger" and IL is in ODE ,
Hence 10 this mandate Of our national
that you have been sum-
noned before this court to serve and
ct as grand jurors and TO constitute a
rand jury IN this circuit at the pres
Mt term OF this court
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