The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-12-06
PARSONS
DRAWS THE LINE

HILO, December Judge Parsons,
in his charge to the grand jury yes
terday, the Herald says, went beyond
the usual routine definitions of that
bodys powers and duties, delivering
very strong presentation of a grand
jurys functions and it's part in the
machinery of the courts He adj
vised the jurors that with official or
political quarrels" they had nothing
to do, that eff servants of the govern
ment are inefficient or eXtravagant or
are guilty of official Improperly less
than criminal, the correction of those
abuses lies with the electorate" On
the other hand if officials have been
wrongfully accused of faults it is not
the duty Of the grand jury to eXone-
rate them. All of which may pertain
to recent rumors of troubles purport-
ing to have existed in our county gov
eminent, arising mainly through Cos
sip, transformation and extravaganza
in reporting. The Judges charge is
an exceedingly interesting as well as
strong one, and would supply good
texts for lectures on civic government
in our public schools.
Portions of the charge by Judge Par
sons follow:
you are part of the machinery of
the court and have certain definite
functions relative to the prosecution
of persons charged with the commits
sion of criminal olenses. Further
than that your duties do not extend.
With official or political quarrels you
have nothing to do. If servants of the
government are inefficient or eXtrava-
CANT, or are guilty of official impro-
lpriety less than criminal, the correction
of those abunses lies with the cleo
torate and not with you. On the 9TH
er hand if such officials have been
wrongfully accused of faults, except
| as herein set forth, it does not lie with
you to eXonerate them. You are not
arbiters of personal or political dis
| putes. You are not. charged with the
duty of expressing public approval or
| disapproval of official acts or persons:
nor of confirming or disproving ru-
mors; nor of clearing or impeaching
regulations. Parties aggrived may
have their redress in appropriate pro-
ceedings, but unless formal charges
are preferred it does not lie with you
either to vindicate or accuse them.
| "Tf tho 80
is violation of the penal laws of this
territory and is triable in this court
it is your duty to find an indictment
against the offender, and nothing but
insufficiency or failude of proof will
excuse the on-performance of such
duty If there is no proof of the COM
mission of such an offense you will
not be warranted in reporting any
adverse finding, and should your re-
port contain any charge other than
the formal one known as an indict-
ment, and such charge amounts to a
libel upon an individual, you are ad-
vised that upon proper proceedings
being brought the defense of privilege
may not avail you.
You obtain jurisdiction of a case
only when definite charge of the
commission of a criminal offense which
this court has jurisdiction to try is
brought to your attention in the man.
ner prescribed by law by one having
authority so to institute proceedings
and even then it does not lie with you
to pass upon the merits of the case
that function belongs to another part
of the courts machinery, under rules
definitely prescribed by law.
Unless charges are regularly brought
to your attention, in the manner pres.
cribed by law, you cannot receive
them. Communications, anonymous
or otherwise, addressed to your fore
man. or to any of your members, mus
not be opened by you, nor shall yor
permit any private prosecutor to ap
pear before you for the purpose Of
making charges, instituting proceed
ings, or of invoking your assistance
for any purpose. If any individual
knows of a crime it is his duty to re-
port the facts to the county attorney
or, if the county attorney fails or re-
fuses to act, he may make complaint
before the district magistrate before
+ whom the matter may be investigated
4, and if sufficient evidence he produced
the accused may be bound over tC
await the action OF the grand jury