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

Gentlemen of the Grand Jury:
You have been called here as mem
bers of the Grand Jury of the United
States District Court of Hawaii during
the term of court Just opening and
the duties which will devolve upon
you are of grave Importance. By the
fundamental law of the United States,
namely, the constitution thereof, 1t is
prescribed that
mo person shall be held to answer
for a capital or otherwise Infamous
crime unless on a presentment or in
dictment of Grand Jury except in
cases arising I'M the land or naval
forces or in the militia, when in actual
service in time of war or public dam
ger" Sec. 1. Article v.
You will therefore observe that no
steps can be taken for the prosecution
of any crime of the character indicated
until your body shall have acted The
whole series of felonies belong to the
class of infamous crimes mentioned.
You will therefore note how indls-
pensable to the administration of jus
tice in criminal cases is the action Of
the grand jury.
SCOPE OF DUTIES.
You are officers of the United States
and as such, deal only with offenses
against the laws of the United states,
or which are made by United States
laws. You have nothing to do with
offenses under the laws of the Terri
tory of Hawaii.
Your Jurisdiction, however, in the in
vestigation of offenses made such by
the laws of the United States, extends
tho 1xyhn of l..
and you are to fairly and without fear
or favor investigate all crimes within
the Territory which come under that
category.
I wish to say further to you in rela-
ton to the character of your duties,
that the grand jury is designed not
alone as a means of bringing to trial
persons accused of crime upon just
grounds, but it is also a means of pro-
tecting the citizen against unfounded
accusations whether they proceed from
the government or are prompted by
individual enmities or personal pas
sion. There is, therefore, double duty
cast upon you as grand jurors of this
district; one is that duty to society to
see that parties against whom there
is just ground to charge the commits
sion of a crime shall be held to an
swer thereto, and on the other side.
duty to the citizen to see that he is
not subjected to prosecution upon erro-
neous accusations.
SECRECY ESSENTIAL.
Your sessions shall be secret. This
| is just 1t would work a great hard
ship to any citizen against whorn
charges might be brought to you fol
| thereof
YOU should find them unfounded, AND
said charges had been made public.
| You must examine all matters called
| to your attention by the Court; alsc
all matters called to your attention by
( the United States District Attorney
You will also examine all cases of al
| legged violations of United States law:
| that may be brought to your atten
| ton and evidence presented thereon
| aside from any matter that may b'
| brought before you either by the Dis
| trict Attorney or indicated in thi
| charge.
| You are not, however, to conside
/ or examine the books or accounts o
Federal officers; these matters are Ief
to the heads of the departments t
which these officers belong.
/ It may be possible that some of yo1
have. within your personal experience
knowledge of the commission of
public offense against the laws of tn
United States or of facts which ten
to show that such an offense has bee
committed. If you are possessed o
any such knowledge, you should dis
close it to your associates so that the
may consider it.
!, If any attempt is made to infiuenc
your action as grand jurors, it will
your duty to Immediately notify tn
, Court. 1t is provided by Section 54O5 Q
the Revised Statutes of the Unite
States, that