Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-04-25
PROBE
REPORT MADE
TO SENATE
High Sheriff Is Cleared of
Charges After Investigation
by Special Committee

Thoroughly going into the condi-
tions of the Oahu Prison, and passing
on the legality of flogging in such
places, the select committee OF the
senate appointed to Investigate into
the jail conditions handed in its re-
port yesterday, which has been anxi-
ously awaited by the legislators.
Evidence which was taken during
the investigation is submitted with the
report. and it was upon this evidence
that the committee, of which Senator
G. p. Iaukea is chairman and Senat-
ors H. A. Baldwin and A. j. Wirtg
are members, based its conclusion in
declaring that the charges against
High Sheriff Henry were made with
out justification.
Probably the part of the report
which caused the greatest amount OF
interest in the senate was the opin-
ion OF Attorney General w. w. Thay-
er on the constitutionality of the
whipping law. This phase of the In
vestigation was brought up by the
charge being made by George A. pa-
Wis that the high sheriff had violated
section 325 of the penal laws of the
United States in that he caused Chun
Duck Soon, upon his return to the
prison after escaping. to be flogged.
To aid the committee in its work,
Governor Frear requested the attor-
ney general to submit an opinion on
the question of prison whipping.
After reviewing the facts which led
up to the flogging. and thoroughly re-
viewing cases In point, the attorney
general stated his conclusion that
High Sheriff Henry had not violated
the law in Furnishing Chun Duck Soon
with the whip.
my conclusion is" says Mr.. Thay-l
er at the end Of his opinion, that the
high sheriff did not violate the provi-l
sions of section 325 of the penal laws
Of the United States in flogging ChunI
Duck Soon, and that such flogging is
not a cruel and unusual punishment
within the meaning of THE eighth
amendment to the Constitution.
Elsewhere in the report, he goes a
little further: and declares in express
terms that High Sheriff Henry may
properly administer such punishment,
which tends to show that in his jndg-
ment whipping post is not contrary
to law.
Many Of the pages Of the report
are taken up with the signed state
ment of George A. Davis, the insti-
gator of the investigation.
seThe constant escape of prisoners
and criminals from the Oahu Prison.
he says in his statement, has been
going on for years. There is no
check taken upon the consumption
and use of supplies, goods and other
articles furnished to the prison. II
think that the several contracts en-
tered into between the high sheriff
end persons supplying the goods
should be scrutinized and looked into.
For instance, the poi contract is one
/ am not here to give evidence on ru-
NOR. But it is becoming more than
rumor For years |. have heard it ru-
mored about the town that l.lere was
a percentage given Dy the sellers of
goods purchased for the prison"
In High Sheriff Henry's statement
he expressed his disfayor with the
present condition of purchasing. He
denies that any percentage has been
given. and points out that the pur-
chasing of 1t is in the hands Of the
attorney general, and that all he does
in the matter is to check it over
when 1t reaches the prison.
The report was placed on file.