The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-02-06

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qualified officer, upon good cause being |
shown therefor. issue a summons citing [
such person to appear at the time and !
place i'll such summons stated. and show !
cause, if any there be. why sentence !
should not be pronounced. Should the |
person SO cited fail to appear before the (
magistrate or court at the time and !
place named, the court or magistrate, if |
in his Judgment cause exists therefor. |
shall issue a warrant Of arrest Of such /!
person.
''When such person shall so appear or
be produced before the court in accord |
ance with the terms of such summons
or warrant, the court or magistrate may
proceed to impose sentence according to
law. Such sentence shall thereupon be
duly recorded and certified to the high
sheriff or his deputy in the order for
the imprisonment or other punishment,
as the case may be.
eff in any case in which sentence
has. been suspended III accordance with
the provisions of this chapter. sentence
is not imposed within thirteen months
from the date of conviction. the person
so convicted shall not thereafter be
liable to sentence on such conviction.
1t Will be seen that the procedure
here detailed is several times more com
plicated than the original trial of the
offender, and in fact appears to be an
attempt to place every possible hinder
ance in the way of imposing sentence
! on man already convicted and who
| has since such conviction shown himself
| untitled for liberty Considerable eX-
/ perience on the police bench and as
criminal prosecutor has led me to the
belief shared in by every judge and
criminal prosecutor with whom | have
spoken. that the act as it now stands is
worse than useless and that IN great
, ma iOritv Of eases it is far better that
the charge be nolled or a verdict of not
guilty be returned than that the Judge
or magistrate should 90 through the far
cical procedure of suspending sentence.
The bill introduced into the House at
, the last session amended Section 1883
X. l.. above quoted by inserting therein
| the words land on such conditions and
| terms as he may impose and by strik-
| ing out the clause limiting the period Of
! suspension to thirteen months. This, IN
the opinion Of the drawer of the bill
! would accomplish fairly well the main
purpose of a probation act, except, per
| haps the legal appointment of proba-
| ton officers. The bill was offered mere
! " as an entering wedge for a more
comprehensive act, but was defeated in
! the house because of the fear of certain
| members that it would place an undue
amount of power into the hands Of ig-
nOrant district magistrates such as are
found in the outside districts. Person
ally, | do not believe the objection well
! taken, for an oppressive suspended
sentence would ne as open to review by
the appellate courts as any other
sentence.
| At the next session of the legislature
we intend to present a similar act, II
: such course seems wise. giving trial
Judges and district magistrates the
right not only to suspend sentences on
such terms as to them shall seem wise.
but also the right to appoint probation
officers.
As is the case with the Juvenile pro
baton act the most work IS likely to
fan upon the courts sitting in Homo
lulu OF the 2l61 misdemeanors tried
by the district magistrate of Honolulu
during 1908 (the figures for 1909 are not
vet publishcd1 PTS eases were such as
might have been granted probation. OF
the 10 criminal cases tried by the First
Circuit Court during 1908, ~ were such
as might have been granted probation.
It Will easily be seen that If any con
siderable portion of these cases were
actually granted probation, the work
entailed would outreach the possibility
Of any proper handling by the district
: magistrates. He would have to have a
1aroe number of unpaid volunteer pro