The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-11-24

| judicial discretion, which, after all, Il
simply arbitrary power. Upward of
century ago LORD Camden said: ''Th'
discretion of Judge is the law o.
| tvrants: it is always unknown; it il
| different in different men; it is casua
and depends upon constitution, tempe
and prejudice. In the best men, it il
| oftentimes caprice; in the worst men
is is every vice, folly and passion t.
which human nature Is liable.
Mr.. May. in his Constitutional His
| tory of England, refers to Lord Cam
| den s celebrated observation as THE
utterance of a great judge, the FRIEND
| of liberty and the defender of our cher
| ished rights. And Mr.. Hallam, in his
Constitutional History of England
saws: "Since the English Constitution
has reached its zenith, we have en-
deavored to provide a remedy by statute
for every possible mischief or incOn
venience; and if this has swollen oul
code to an enormous redundance, till, IL
the labyrinth or written law, we almost
feel again the uncertainties of arbl
trarv conduct, it has at least put an end
to such exertions of power as fell al
once on the persons and properties OF
whole classes The same thought is
expressed by Sir Courtenay Ilbert in his
recent book, Legislative Methods. In
stead of comforting upon any courts IN
Hawaii increased discretion / would
shear them of much which they have as
sumed to exercise, for what we need
here is less discretion and more law. /
am opposed to despOtism, however be-
nevoIent it may be, whether of court
or a monarch.
As it is now, no lawyer knows how
to advise his clients, because, in the alb
sence of statute law, it is impossible to
saw what our courts will do; we can not
tell whether they will (as it is thought
they should do) follow the decisions of
the Supreme Court of the United States,
or of Massachusetts, or of Texas, or
ignore all and adopt a rule of their
own, or follow provision of the code
of BOrneo.
Lord Brougham eloquently foreshad-
owed the boast of that sovereign (Vic-
toria) who should have it to say,
that he found the law dear, and left
it cheap; found it a sealed book, and
left it a living letter; found it the
patrimony of the rich, left it the IN
heritance of the poor; found 1t the two
edged sword of craft and oppression,
left it the staff of honesty and the
shield of innocence. -
l do not believe that we may make
that boast in Hawaii, until men patri-
otic, brave and strong enough are
found, who will take the heads of cor
porate influences, by an apologetic eu-
phemsm, designated as the Cuisines
interests who control the legislation
and dictate the policy of this country,
and bump them good and hard against
walls of granite. These people with
simulated patriotism and affected civic
righteousness remind me of the zeal
which "honest" servants displayed in
the olden days, by standing at the win
dows with their muskets to oppose the
executions of creditors, SO that, when
they had frightened off the sheriff, they
might themselves steal the plate and
furniture. Fortunately for civilization,
this state of affairs can not endure
long in this day and age anywhere; the
people who think it will last here, fool
themselves, only.
Yours faithfully,
G HTNPHRFYS