The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-06-09
THE LAW FOR MAN
OR MAN FOR LAW
Honolulu. June 6. 1905.

Editor Advertiser: Was the law made
for man, or was it vice versa?
Has an officer of the law no discre-
ton whatever in its enforcement?
Is the best way to abolish bad law,
to enforce thunder all circumstances?
Is this the usual manner that laws
are abolished or become imperative?
These questions are suggested by the
morality campaign" lately inaugural
ed. in which the question Don't you
believe in the enforcement of the
laws?" is hurled at everyone who does
not take up the cudgel of the reform
ers without question.
I think that investigation will show
that most laws which were once a part
of the codes. but have from time to
time been abolished by legislative ac-
ton, were dead letters long before they
were formally abolished. Also, that it
is from this blind bowling down to law
devised by human minds, and there
fore fallible as in all things human
that has resulted in the confusing
technicalities of the courts, which
makes justice a joke and the winning
Of a case all too often the question Of
which side has the shrewdest lawyers.
In drawing up an Indictment some
time since in which q man was charg-
ed with murder, the prosecuting attOr-
ney used q ream of paper and en-
bodied the charge in six or seven
counts, not because there was a ques-
ton Of the accused's guilt for he was
-
not deny the crime but for fear that
through some inadvertance on his part,
and to guard against technical points
which the defense might be sustained
in, the charge was repeated in many
different forms in order that there
might be no loophole. This practise
goes way back to old English law, and
in this instance brings out clearly the
fact that bad laws are not always re-
pealed as soon as they should be- A
man was arraigned for stealing ap-
pies at a time when in England all
forms of larceny were punishable by
death. There was no question Of the
prisoners guilt, but the courts had
begun to rebel at the blind injustice |
Of law which they could not modify. |
so here is the way this prisoner es-
capped His attorney showed that the |
accused had taken the apples directly |
from the tree: the tree was an attach |
nent OF the soil, and under the law |
there was no such crime as larceny /
lf real estate. The man had therefore
stolen real estate, for which there was /
10 punishment.
1t is much easier to make laws than
[ is to secure their repeal. especially
when the law making body is many
thousands of miles from the place
where the statutes are in operation.
N the case Of this Territory, the
hanging of law is a big problem.
Ind no matter what the merits may
'e, slow and uncertain undertaking.
If all Of our laws were enforced to
he letter today half OF the people in
honolulu might be in custody before
light The statute books of every
tate in the union. and city Of the land
re burdened with laws the enforce
nent Of which would cause a revolu-
ion. Some of them are probably nee
ssary to prevent fragrant violations. :
While others might just as well be
tricken of but win not be for years |
o come. 1t Is scarcely open TO doubt |
hat everybody consciously or uncon- {
ciously violates some law every day I
T his life
When the time comes that law-mak- |
lg bodies are endowed with super 5
uman wisdom. then probably, all laws I
an be enforced to the letter In the 7
ieantime a reasonable amount of dis
retion may well be left in the hands
the officers Of the law, care being L
sken in the selection Of only men Of
ign character to fill these positions
IS the only way that human affairs
lay be successfully managed.
WILL J. COOPER Z