The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-19
Presidents Message
CommendS Congress

bates submitted month after month. and
checks in payment of them drawn month
after month. Such violation of the law
in my opinion, in its essential nature. is a
very much more heinuos crime tran the
ordinary common vulgar crimes which
come before criminal courts constantly
for punishment and which arise from
sudden passion or temptation. This crime
in this case was committed by men of
education and of large business expe-
riencc, whose standing in the community
was such that they might have been ex-
pected to set an example of obedience to
law. upon the maintenance of which alone
in this country the security Of their pro-
Dcrty depends 1t was committed on be-
half of n great railroad corporation,
which, like other railroad corporations,
has received gratuitously from the state
large and valuable privileges for the pub
lies convenience. and its own. which
performs quasi public functions. and
which is charged with tire highest obliga-
ton in the transaction Of its business TO
treat the citizens of this country alike.
and not to carry on its business with I'M
just determinations between different citi-
Zcns or different classes of citizens This
crime, in its nature, is one usually done
with secrecy. and proof of which it is
very difficult to obtain. The interstate
commerce act was passed in 1887, nearly
twenty years ago. Ever since that time
complaints of the granting of rebates by
railroads has been common, urgent and
insistent and although the Congress has
repeatedly passed legislation endeavoring
to put a stop to this evil. the difficulty
of obtaining proof upon which to bring
prosecution in these cases is so great that
this is the first case that has ever been
brought in this court. and, as / am in
formed this case and one recently brought
in Philadelphia are the only cases that
have ever been brought In the eastern
part of this country. In fact, but few
cases of this kind have ever brought in
this country, East or West. Now. under
these circumstances, I am forced to the
conclusion. in n case in which the proof
is so clear and the facts are so fragrant,
it is the duty of fire Court to fix n penal
ty which shall in some degree be com
mensuratc with the gravity Of the Of
Tense. As between the two defendants,
in nv opinion. the principal penalty
should he imposed on the corporation.
The traffic manager in this case presum-
ably, acted without any advantage to him
self and without anv interest in the trans
action either by the direct authority or
in accordance with what ho understood
70 he the policy or the wishes Of his em-
ployer.
CRIMINAL LAW FACULTY.
"The sentence of this court in this case
is, that the defendant Pomeroy. for each
of the six offenses upon which he has been
convicted, be fined the sum of $1,000
making six fines. amounting in all to
the sum of $4,000; and the defendant, The
New York Central and Hudson River
Railroad Company. for each of the six
crimes of which it has been convicted, he
fined the sum of $4,000 making six
fines amounting in the aggregate to the
sum of S10S,000 and JUDGMENT to that
effect will be entered in this case"
In connection with this matter would
like to call attention to the very unsatis-
factory state of our criminal law, result
ing in large part from the habit of set
ting aside the judgments of inferior
courts on tcchnicalities absolutely uncon-
nected with the merits of the cose, and
where there is no attempt to show that
there has been any failure of substantial
Justice. 1t would be well to enact a law
something to the effect that:
No Judgment shall be set aside or new
trial granted in any cause, civil or cri-
minal, on the ground of misdirectiOn of
the jury or the improper admission or
rejection of evidence, or for error as to
any matter Of pleading or procedure nm
loss i'm the opinion Of the court to which
the application is made after consdera-
ton of the entire cause, it shall affirm
atively appear that the error complained
nf has resulted in a miscarriage OF jus
ticc