The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-15
AND
RELIGION
HiIo Judge Rules
Now Against
Buddha.

HILO, Dec. 11.-Judge Little has
been called upon to decide a peculiar
| case. Hamanura Kiniro, a thirteen
year old Japanese girl attending the
| Christian Japanese Boarding school at
Honomu, has been the subject of a
fruitful religious discussion in the cir
cult court, as to whether the Christian
or the Buddhist religion rules in the
Hawaiian Islands. The girl has been
in school since she was ten years of
age. Her father recently petitioned
Judge Little for writ of habeas cor
pus to secure the custody of the child
and alleges that she is held a~prisoner
for fear that she might be put in a
Buddhist school,.
Judge Little decided that the well
fare and wishes of the girl made it
necessary for him to decide against
habeas corpus was denied.
Judge Little says that the statement
that Christianity is part of the law
of the land must be taken in a limited
sense, but he holds that many of our
best civil and social institutions and
the most important to be preserved in
free and civilized government are
founded upon the Christian religion,
are upheld and strengthened by it's
oh a.,
and policy of the law assumes that we
are a nation of Christians and while
liberation is the principle in religion,
the laws are to recognize the existence
of that system of faith and our in
sttutions are to be based on that
assumption. that those who are in
fact Christians have a right to be
protected against wanton interference
with a free and undisturbed practice
of their religion and against malicious
attacks upon its source or authority
calculated and intended to affront or
wound them, and that the prevalence
of a sound morality among the people
is essential to the preservation of their
liberties and the permanence of their
institutions and to the success and
prosperity of the government. and
the morality which ought to be foster
ed and encouraged by state or ter
ritory is Christian morality and not
such as might exist in the suppositi-
tious state of nature or in a pagan
country The law does not cover the
whole field of morality. Much that lies
within the moral sphere does not lie
1,,tt t1nf |, fnh
does lie within the jural sphere and Is
enforced by -ositive law is Christian
morality.
It has been held. and rightly too. that
the constitutional provision for liberty
of conscience does not mean that re-
ligion shall not be encouraged by the
state.
In conclusion the count held:
The evidence shows that Hamamura
Kirino is 13 years of age and more.
That she prefers to stay in the Homo
mu School where she is now located.
If the manifest interest and welfare
of the child is best subserved under
present conditions parent will not
be permitted to reclaim it's custody,
unless they can show that a change
Of custody will materially promote the
welfare of the child.
There is nothing in the present sta
tus of the respondents which tends in
any way to suggest that the welfare
of the child. which has been promoted
in the past three or four years, would
be limited and abridged in the future.
What they have done and are doing
for the child tends to show what the
future course will be.
The Court finds from the law and the
evidence produced at the hearing In
this case under all the circumstances
that the best interest of the child at
present suggests that it's request to
remain undisturbed at the Honomu
Boarding School should be respected
The judgment of the Court therefore
is that the writ be discharged at the
cost of the petitioner.
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