Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-02-09
NO OATH OF SECRECY


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produce statutes from any Jurisdiction
giving authority to impose the secrecy
oath.
Milverton argued that the authority
was implied. Secrecy was essential TO
the work of the Grand Jury. This was
shown by the fact that the Grand .Ju.
fors had TO take such an oath The
Court had power to make such rules
and adopt such measures as were nee.
essary to carry out the intent of the
law. and Judge Robinson had acted un.
der that power.
Frear said that there had been no di.
rect order made by the Court.
Milyerton answered that the oath
implied the order. It was policy to
have the Grand Jury proceedings Sc
cret. II the witnesses could tell what
transpired, all attempts to keep the
proceedings secret would be useless.
Chief Justice Frear stated that the
Court did not desire to hear argument
from Anin's counsel, and rendered the
following oral opinion:
The petitioner seeks release from
imprisonment under n Judgment and
sentence of the Circuit Court for con.
tempt in violating an oath of secrecy
taken by him as a witness before the
Grand Jury.
or the questions suggested by the
record, the only one that need be con.
sidered is whether the oath Of secrecy
was authorized or required by law. II
II was not, there was no contempt of
court.
The clause Of secrecy In the oath
was prescribed by n single Judge of
the Circuit Court, not by any general
rule of the Circuit Court or of the Cir.
cult Courts.
The Organic Act provides. in Sec.
ton 81, that the method OF the presen.
tation OF cases TO Grand Juries shall
be prescribed by the Supreme Court of
the Territory, and in pursuance OF that
power or duty the Supreme Court has
prescribed. by Rule IA of the rules re.
lating to Grand Juries, the form OF
oath to be administered to witnesses
before Grand Juries-which does not
contain clause OF secrecy. Il is nj
least question whether this provision
OF the Organic Act and the rule made
In pursuance of II are not exclusive.
But, however that may be. In the opln.
ION OF the court, the Judge OF the Cir.
cult Court who prescribed the clause
OF secrecy, was without authority of
law to make that requirement In the
absence of any law or rule authorized
by law requiring an oath of secrecy
ana IN the absence of any legal order
against diyulging the transactions of
the Grand Jury, there could be no con.
tempt of court in divulging such Sc.
crets on the part of witness before
the Grand Jury.
! Accordingly the writ must be allow.
ed and the petitioner discharged from
custody, and It is so ordered.
| Amin was Immediately released and
went his way with Judge Humphreys
In the meantime the Grand Jury
though badly disappointed, still kept
ON It's work, calling before II several
Chinese and Hawaiian witnesses. The
Attorney Generals Department homes
that the Supreme Court, which. until
the Legislature meets. is the only body
which has authority to give power Ia
impose the secrecy oath, will do so i'm
mediately II the Court does not dc
so on It's own motion. the Attorney Gen
eral VIII probably make a request that
this be done.
Chief Justice Frear, when asked II
the Court intended to promulgate such
an order on its own motion, stated
that II had not considered the matter
but that II was unlikely. He knew OF
no such rule existing anywhere, al
slough he believed that some States
had statutes to that effect.