Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-11-29
.PERVERS|ONS Of law
GOVERNOR SUBPOENA CASE
AMAzES AMERICAN LAWYER
REFUSAL AMOUNTS TO DEFIANCE
oFEvERYFoUNDATloN AMER
IcAN PRINCiPlE-GEAR
TOO LENIENT.


trained in other Jurisdictions is amazed
at the bigness of the official head III
the Territory OF Hawaii. and at the in. !
describable perversions Of law by which |
astounding acts of official assumption |
are sought to be fortified. The present
discussion over the refusal of Governor
Carter to obey an ordinary subpoena
is about as fine an example of these
propositions as any Judge or lawyer
can desire.
Every man and every woman in the
United States is liable to he called as
"a witness through the ordinary process
OF law. The President, the members OF
his cabinet, the Justices of the Supreme
Court, the commanding general of the
army, all officials from the highest 10
the lowest. are no exceptions. In fact
there are no exceptions, unless IL 10
under statutes of which | have no
knowledge. which | do not believe to
exist and which, II they did exist,
would probably be unconstitutional.
There are masses of testimony that
the law, acting In the interests Of jus
ltice. excludes but this rule of exrIu.
sion has no connection with the duty
Of every citizen to obey A subpoeun
that upon its face. discloses no int,n.
ltion To a,tempt an entrance into for.
hidden ground. II asked to produce
documents from the secret files OF the
government or TO disclose private dl..
Icussions or conferences with ambas
sailors or ministers. the President,
| v ould lawfully refuse and his refusal
would be sustained. IL IN, Chief Jus.
Itice of the Supreme Court of IN. limited
States or any Judge declined TO testify
TO private consultations over cases with
his associates. he would he within bis
legal right. A chief of poIire ar n do.
Elective cannot he forced TO give away
the sources OF his information. throuph
which crimes are discovered and Grim.
finals punished. These rules. TO which
there are some executions lnapplicable
| here, are measurably I'm the same class
with the rules that suppress testimony
as to condolences resulting from pro.
on sound policy and are for the benefit
| of communities. The private Informa
ton upon which public functionaries
act, and which is often essential TO the
performance of official duty. would be
cut off and great loss and injury would
result, II lawsuits could be used to
ldrag II before the people. Diplomacy.
strategy In war. the collection of taxes.
the customs reyenhe. police business,
Ia hundred general necessities that
could be suggested, would be practical.
ly abrogated, II they could all be OK.
posed to the glare OF the public
through court proceedings. Such testi
mony Is usually immaterlal and irrel-
eyant, but Il Is also ruled out on the
lrroader and stronger ground already
mentioned.
But what has all this TO do with the
lplain question OF obedience to a sub.
lpoena? There Is nothing in the per.
lsonnel of a public officer that eudows
him with privileges that distinguish
him from the common herd. We have
linst elected Theodore Roosevelt Presi
ldent, by an overwhelming majority OF
votes, principally because he has prar
ideally exempliiied equality before tn,
law. The divinity that hedges 4
King" or a Prince of Wales did no
land could not keep Edward VII out o
the witness box. 4 Judge can be called
from the bench to testify In the yer,
case he Is trying. II every Governor
or other functionary were personall
Exempted from one of the commones