The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-05
Vouchers Scandal
and DisorderIy
Houses.
In Existing Conditions
All Public Offenses
Are Infamous.
Judge Robinson Cautions Grand
Jury Against Useless Junket.
ing Trips.

Judge w. j. Robinson, in his charge
to the grand jury, adopts the infamous
crime definition laid down by Judge
Gear at the September term. Many de-
cisions of the United States Supreme
Court are quoted and the charge says:
Under these decisions it is of no
moment that the punishment actually
inflicted was merely the payment of a
fine and costs, if the punishment that
might have been inflicted was infa-
nous in its nature
1t is pointed out that lin this Ter
ritory we have, practically, but the one
place for the detention of criminals.
namely, Oahu prison or Territorial
penitentiary," and that under our
statutes the punishment melted out to
vagrant may be the same except as
to duration, as that melted out to a
murderer. and the same kind and char
acter of labor required of the one may
also be required of the other"
Under the Federal decisions quoted,
then, 1T cannot well be questioned,
the court instructs the grand jury,
that all public offenses committed in
this circuit are infamous, in view of
the conditions existing here, and being
Infamous they require, as a necessary
incident to their prosecution. the pre-
sentiment or indictment of a grand
jury
THE VOUCHERS SCANDAL.
Judge Robinson, with some prelimi-
nary remarks, instructs the grand jury
on the matter of the House vouchers
thus:
1.-The grand jury of the United States
District Court for the Territory of Ha-
wall, at the October, A. D. 1908, term
thereof, has called attention to the
derelictions in duty and possible COM
mission of public offenses by the Off
GERS, servants and employees of the
House of Representatives of this Ter
ritory, either at the last regular ses-
sion of the Legislature, or at the extra
session convened Immediately thereaft-
er, by the Indictment of one of it's Off
GERS for the destruction of certain pub
lie vouchers and documents, being part
of the public records of the Legislature
of this Territory.
'.And the last grand jury of this cir
cult, in it's final majority report, filed
in this court on the Goth day of Decem-
that the grand jury of the present term
take up the vouchers CT the last Ter |
ritoria1 House of Representatives for q |
full and thorough examination, as this |
matter had been brought to the atten- |
ton of the grand jury too late in the |
term to receive the thorough and ex-
haustive examination and attention |
necessary, and that this recommended |
ton is emphasized in the minority re- |
port submitted by Grand Juror w. NJ. |
in which he states that in |
his opinion there was an abundance |
Of competent evidence produced touch
ing this particular matter before that |
grand jury upon which true bills of in
dictment could have been found.
Neither the officers, servants and |
employees nor the members of the Leg
islature themselves are above any law
WHICH they themselves enact or assist |
IN enacting. They do not constitute a |
law unto themselves, but, like all other
citizens of this Territory, are amenable
to all laws enacted and in force with d
view to the preservation and continual
ton of the peace and well-being of the
the violation of which con-
5titute a public offense.''
The court alludes to its caution given |
earlier in the charge against acting on
mere rumor or unfounded report and |
then proceeds:
But / charge you further that accu-
sations of malfeasance in office and |
iereliction in duty-that the House of
representatives, at the last session of !
The Legislature of this Territory, has
been induced to purchase and has pur-
chased, at exorbitant prices, property
not belonging to the seller but which.
II fact, belonged to the Territory of |
Hawaii and which had been donated by |
he Secretary of the Territory to the |
house of Representatives for it's gratui-
GUS use, and that certain EMPLOYEES
lave received fourteen days compensa-
ion for seven days services, and that
'ther employees have received compen-
ation for services never, in fact, per-
ormed-rest upon "A more substantial
oundation than mere rumor or un-
ounded report when supported, in
by the Indictment of a. Fed
raj grand jury, by the recommends
ion of a Territorial grand jury, taken
n connection with the statements made
n a minority report, and by common
epute'
The grand jury is charged that the
circumstance of difficulty in obtaining
egal evidence on this matter should
ot deter it from making investigation |