The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-10-13

NY q lihC VI Ny iiiiPA
onment or by both.* F"
PRESUMPTION OF INNOCENCE.
In considering the evidence presented
to you in each case, you will remember
that all persons, no matter what the
charge against them may be, are
presumed to be innocent until proven
guilty. And to justify the finding Of
an indictment, you must be convinced
so far as the evidence goes, that the
accused is guilty; in other words, if
in your judgment the evidence before
you would if unexplained, and uncon-
tradicted, warrant a conviction by a
petit jury you should find an indict-
ment.
The general government has selected
the United States District Attorney
to represent it's interests in all prose-
cutions. He will at all times be ready
and willing to aid you in your investi-
cations. He will call and examine
witnesses and if need be interpreters
so desire you can call and examine wit
nesses of your own volition.
The District Attorney has no right
to be present during your deliberations
or when you vote no one but members
of the grand jury can be present at
your deliberations or at your voting.
| In your examinations you will hear
| and consider only legal testimony;
| mere hearsay testimony you will dis
| card. And if in your Investigations
you find, or become convinced that
| there is evidence not produced which
| would explain away charge presented
| to you it will be your duty to get such
evidence if it is possible to do so.
I wish further to state to you that
| it requires the affirmative vote of at
least twelve of your members to find
an Indictment.
CRIME OF PEONAGE.
Among the matters placed before you
for investigation, there are likely to
be certain offenses arising under Sec
tons 1925 and 5527 of the r. S. U. S.
known as the "peonage" statutes.
Section 5526 prescribes that
Every person who holds, arrests
returns or causes to be held. arrested
or returned, or in any manner aids in
the arrest or return of any person to
a condition of peonage, shall be pun
ished by fine of not less than one
thousand nor more than five thousand
dollars, or by imprisonment not less
than one year nor more than five years
or by BOTH
Section 5527 reads as follows
Every person who obstructs or at
tempts to obstruct or in any way in
terferes with or prevents the enforce
ment of the preceding section shall be
liable to the pains and penalties there
in described"
1t should also be borne in mind that
our Constitution is opposed to all
forms of peonage, slavery or servi-
tude. All men are free from the mo-
ment their feet rest on American soil,
for our fundamental law and the acts
of Congress passed in conformity there
with intend that neither slavery nor
involuntary servitude shall exist any
where in America. This constitutional
prohibition applies with equal force to
foreign as to American born people
living in the United States. No man
is too great or too small not to be
bound or protected by it. This Re
public rests upon the sacred principle
that all men are born free and equal |
Peonage is un-American. 1t matters
not from what country the peon i'm
migrates or what agreement he comes
under, he cannot with impunity trans
late to our shores any form of servi-
tude; nor can he implant here, I'M
resisted by our laws, the principles
peculiar to slavery or the customs of
his own country. American law is
designed to enforce all the personal
rights due each human being in Amer
lea and in that sense it teaches mo-
rality.
IMMORAL IMPORTATION.
1t is further provided by Section
of the Act of March 8, 1903, being can
Act to regulate the immigration of
aliens into the United States" that
''The Importation to the United
States of any woman or girl for the
purposes of prostitution is hereby for
hidden; and whoever shall import or
attempt to imoort any woman or girl
into the United States for the pur-
poses of prostitution or who shall hold
or attempt to hold any woman or girl
for such purposes, in pursuance of
such Illegal Importation, shall be DEEM
| ed guilty of a felony and on a convic-
| ton thereof shall be imprisoned not
| less than one year nor more than five
years and pay fine not exceeding
| So, 00O.''
1t is believed that there has been
| brought here quite recently a number
| of these unfortunate women and girls,
|
tuition. 1t will be your duty as Amer
lean citizens and public officers to in
| Vestigate these matters thoroughly so
that the guilty may be punished; and
| In making your Investigations YOU
must bear in mind that these alleged
ofenses, like all crimes, are performed
in secret and will require at your
hands the most patient inquiry.
ANOTHER MORAL STATUTE.
Furthermore, it is prescribed by Sec
ton of the Act of Congress OF March
), 1887 (Vol! "a. Z. S. Stats 635)-
| That whoever commits adultery
shall be punished by Imprisonment in
the penitentfary not exceeding three
years, and when the act is committed
between married woman and a man
who is unmarried both parties to such
act shall be deemed guilty of adultery,
and when such act is committed be-
tween married man and a woman
who is unmarried, the man shall be
deemed guilty of adultery"
This act of Congress is applicable
to all such offenses committed within