The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-02-18

will he under territorial management Sooner or may
prove best to combine the board of agriculture and for
estry may advisable to have these institutions d.
rected by the same person, II that can be arranged
ATTORNEY GENERALS DEPARTMENT.
The larger part of the work of this department has
1fS been work, mainly advisory of the other de-
partmen and large amount OF court work also mas oen
done department has handled 400 criminal cases having done
of the work before the grand ures IN all the circuits ana
much of the work trial uries in circuits other than the
first appeared also IA civil cases Its work has IN
cuded part I in the United States Supreme Court
2 in the United Circuit Court of Appeals in the United
States District Court SO the territorial Supreme Court 90 in
the as the land IS in tax appeal courts
and numerous others district In these large
been recovered secured to the Government titles
of lands have been settled and many other questions OF Importance
decided
planned during the coming period that this department
while continuing advisory and other office work as its main
feature engage in the conduct of criminal leaving
that county attorneys and shall devote increased atte
civil largely for enforcement of territorial claims
of boundaries and titles and other lines OF work
for purpose of settling and securing what justly belongs or
owing the Government For the purposes Of economy and
by ctaing criminal cases. is believed that of the
attorneys department may be dispensed with notwlstand
ing the plans for much additional work in other directions
- recommend that provision be made sub
stantialy done recently by Act of
Congress for Federal cases, permitting ap-
peals points of law by the prosecution under
tain circumstances in criminal cases.
- Constant advance has been made in Hawaii for
nearly century past in the treatment OF prisoners
and for half century least the treatment has been such
evoke commentator from distinguished penoiogsts Strict at
tenon has been sanitation the have been well
housed and rule kept employment principally out OF DOORS
humanity directed however by rather than sentl
mentality, has been the guiding principle.
this age hardly necessary say that the motive of pun
ishnent should not be revenge should be protection nm
should be regarded abnormal diseased The in the
of moral well physical disease should be protection
by prevention and through scientific methods not the mere
melting of arbitrary of suffering for various specific
invite your careful consideration to the following
- o,,Drs This subject falls naturally under
'o'AN1 the head of prison than of judicial reform
In 1870 district magistrates authorized commit indus
trial schools children under of but this applied only
years. and the commitment could exceed the prescribed
In 1903 the jurisdiction extended to circuit courts and
judges thereby permitting commitments in all cases tried before
irrespective of the prescribed of punishment but the
commitment limited those prescribed punish
for the respective oenes In these courts and mags
made practically juvenile with the usual
placing children under probation officers instead of committing
them prison the industrial school, the limit raised
years. the trials be separate from the trials of older
offenders and the children to be kept apart from older Of
other times but the jurisdiction confined
tor wh the prescribed term was not more than two years and
socaed denquents and adequate provision
for the separation of the children from older offenders In 1907
the age limit was increased TO 10 years and the term tor which
the children might be committed the industrial school
extended any period during minority irrespective of the
prescribed by for the particular
schools among the best training schools the Territory and
models toward which public schools
should be brought to afford normal children the advantages
possessed by the abnormal
1t is time for further advance recommend the uris
dlcton over children be confined to circuit judges far feasible
that be extended ocaed dependents denquents
that the proceedings be made of character that
the evidence such be permitted against the
children other proceedings proper safeguards be placed
about such dependents and denquents proceed
as harmless and beneficial possible hem instance
by efecual separation from older offenders
practicable investigation before summons to parent
or child before arrest that be held greater responsibility
and that authority be dependents distinguished
from denquents suitable persons according
their needs.
rNDETERnuNATE In line with the advanced methods
SENTENCES elsewhere, the principles applied juve-
niles should be extended to adults far
applicable Subject to certain qualifications neither
name nor busnesske to keep person prison
formed and willing and able be awabidng citizen
almost equally nhumane to the prisoner disreeardul
welfare OF the community to iberate him
safe to be large Setmenty the one hand and the spirit
of vengeance the other should yield science and common
When prisoner has proved worhness to resume
membership in the community he should kept behind bars
to his detrent and the public expense when he has not
proved It, not kindness him let him out nor # right
to the community to give him another opportunity to prev upon
and to bring upon 1t the expense of another and trial
recommend that ndetermnae sentences provided for within
prescribed limits and that appropriate provisions be enacted for
determining fairly when prisoner should be released SO that the