The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-05
UPON TIE sYsTEM.

UPON THE SYSTEM.
Under our Territorial form of gov
eminent the grand jury system is es-
sentialIy a part thereof, and whatever
our views, individually or otherwise,
may be of it's merits or utility, the in
stitution is now Indispensable, so far as
| the people of this Territory are con-
cerned. The grand jury system comes
down to us through a long period of
time, and its origin is lost In the OBJ
security and darkness of the middle
ages of England. 1t has been evolved
out of the varying exigencies ard de-
mands of successive ages of an energet-
ic and progressive people; and its
adoption and growth, as we'll as its
retention, as part of our govern
mental system. is upon the theory that
it is shield guarding the rights of the
citizen and saving him from undue
oppression and political power. Though
sometimes the powers of the grand jury
have been wrongly used. they have
more frequently been shield to those
unjustly accused either by private
malevolence or political intrigue. And
it is the, sworn duty of judges and
jurors to accept and deal, conscien-
tiously and impartially, with the law
as it may be found to exist
THEIR DUTIES.
Reminding them that they have the
assistance of a deputy of the Attorney
General and of the court when re-
quired, Judge De Bolt says:
Regarding instructions by the Court
to grand jurors there doubtless was a
time, in the days that have long since
L.. ~,
structions were necessary for the pur-
poses of justice But in this enlight-
| ened, energetic and progressive age,
with education and useful information
not confined to few only, but diffused
generally throughout the land, with
institutions of learning open in every
community to those in search of knowl-
edge, with books written upon every
subject within the range of human
thought, and with the daily press that
great educator of the people, within
the reach of all and read by all, it
| follows, almost as a matter of course,
that every citizen summoned as a
grand juror has general knowledge
of the duties he is thus called upon to
perform. as we'll as the manner in
which it is incumbent upon him to dis
charge the same
DRINK AND CRIME
Judge De Bolt, after some general re-
marks on the Importance of maintain
| ing the supremacy of law and having
but one law for the rich and the poor,
makes the following remarks, being the
nearest approach to specific instruc-
lions throughout his charge:
| Owing to the ability and zeal with
which the Attorney Generals Depart
ment is conducted, have not thought
! it necessary to particularly inform my
self as to the facts of any supposed
specific violation of law with view of
especially calling your attention there
to.
THE Attorney General. or his deputy,
will. in due time and manner, lay all
| these matters before you. But deem
| it appropriate, however, to officially,
Firing to your attention at this time in
| a general way, the prevalence of en-
bezzlement in this community by pub
lie officials, clerks and employees. This
observation is equally applicable to
those who are employed by private
parties. Viewing this matter in the
light of the daily experience and OBJ
servation of mankind, and reasoning
thereon from cause to effect, we are
led to the conclusion that the drinking
of intoxicating liquor, gambling and
embezzlement are, in the order named,
closely, intimately and logically con-
nected.
while it is true that any one of
these three vices may be found to ex-
list alone. still, as a general rule, with
those who have the handling of funds
9TH - -
drinking of Intoxicating liquor leads to
gambling. and that gambling leads to
embezzlement as a logical sequence.
Frequenters of saloons and gam
bling resorts are on the road leading
to the commission of graver offenses.
Therefore, should your attention be
called to the fact that any public Off
cial, clerk or employee of this Territory,
who has the handling of public funds
within this Judicial Circuit. is a FREE
quenter of saloons and gambling re-
sorts. it will then be your duty to make
an examination of his books and ac-
counts, and to take such other proper
steps as you may deem necessary, with
the view of determining whether or not
he has committed embezzlement.
Though you may not find facts sufh-
Gent TO warrant an indictment of such
official clerk or employee, on a charge
of embezzlement, still he viii have no
just ground of complaint. he having in
vited such investigation by his con-
duct
Let it be distinctly understood that
competency and absolute honesty are
indispensable qualifications in the pub
lie service
MAKE PROCEEDING BRIEF.
After giving the usual directions as
to procedure. secrecy. voting, etc. the
court says:
THE law provides that. from the
persons summoned, enpaneled and
sworn as grand jurors. the court shall
appoint a foreman. and may remove
him for cause. The court may appoint