Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-01-08
SUGGEST Change
IN PROTECTIVE
STATUTES

Suggestions for changes in the Laws
concerning abuse of female children
and other sexual crimes were made
last night by prominent members Of
the bench and bar at a meeting of
the Citizens Protective Committee
held al Parish House, St. Andrews
Cathedral Tie committee had in
vited before it various juuges. attor-
noys and other officials of territorial
and city and county government as
we'll as others having to DO with the
enforcement Of law and order, and a
number Of those invited appeared last
night. Several We're unaV0iGably kept
away.
Principal discussion as TO a change
in the present statutes centered about
The penalty for abuse of a child unQCr
the age of twelve. Various opinions
We're expressed by those present to
the general effect that the present pen
atty of imprisonment for life or the
death sentence does not provide suf
ficient leeway for discretion on the
part of the Judge IN the case of young
offenders and lads who may have
Deen led astray partly by solicitation
Among those who spoke during the
evening We're Judge Robinson, Judge
Whitney, District Magistrate Monsar-
rat, High Sheriff Henry. City Attor-
ney Cathcart, .Jar2es A Rath, Bishop
Restarick and Mr.. E. Mackenzie
Judge Robinson told the committee
that the establishment of a whipping
post in Hawaii is impossible under
the seventh amendment to the U. S.
! constitution, which prohibits cruel
and unusual punishment. The judge
informed the committee, in answer to
questions, that undoubtedly this
| amendment affects Hawaii, as the
territory is under the direct control
| of the federal government, whereas
the first ten amendments do not af-
feet sovereign states.
Judge Robinson declared himself in
sympathy with the objects of the
committee. In passing, he criticized
the action of society women" who
he, said crowded his courtroom to
listen to salacious testimony in a case
that he would not have had his own
wife or mother hear. This statement
| was challenged by Mrs. F. w. Mac
| farlane, who said that the women
had gone to the courtroom on the &C.
| casion in question not out of idle cur
iosity but to express their stand on
| behalf of order and decency and to
uphold the head of the girls indus
| trial school, Miss Sterritt and the
! probation officer, Miss Maynard. Mrs.
Macfarlane said that the action taken
was for the purpose of arousing the
women of Honolulu 10 the dangers
that confront their children and to
give them first-hand information of
| the kind of Establishments their
daughters might be subjected to-.
Later Judge Robinson said he did not
mean to make his statement sweep
ing but that he appreciated the action
of one CT the women in coming to him
and explaining her presence in the
courtroom as one of legitimate in
vestigation of conditions.
Judge Whitney made several practi-
cal suggestions for changes in the
present law. He does not favor in
creasing the age of majority from
eighteen to twenty merely in order to
keep legal control over girls, but does
favor raising to twenty the age limit
within which the girl may be amen
| able to Juvenile court law, which, he
pointed out, does not necessarily af-
feet the law of majority. He also IA
vors raising the "age of consent" to
| fourteen, thus throwing additional
safeguards around girls up to and in
| Guiding the fifteenth year. Parental
consent to marriages of girls under
| eighteen and legislation to prevent
children lettering around coffee sa-
looms and like places were among the
suggestions he made.
City Attorney Cathcart talked free
ly and frankly on crime and its pros
ecution. Expressing perfect willing
ness for attorneys on the committee to
assist him in handling cases of crime
against children, he nevertheless
! pointed out that he has been elected
prosecuting officer and that it is his
duty to supervise the handling of all
cases of the kind, indicating that he
would prefer the volunteer attorneys
to help secure the evidence and work
lup the case and that he would prose-
cute in court Mr.. Cathcart argued
strongly that there has been probably
no increase in sexual crime, but that
more and more of it is being detected
as the forces of law and order become
organized.
James A. Rath stated emphatically
that the Palama district is less safe at
night now than eight years ago, when
he came to Honolulu. and he told the
committee that in his opinion the
great increase in male population here
within the last few years without a
corresponding increase in female pop
ulation is responsible for the present
conditions.
General discussion on various sub
| jects ensued During the talk of the
whipping-pOst, Bishop Restarick
strongly advocated its use for certain
criminals who, he declared, could be
appealed to effectively in no other
way than by the use of physical force,
and said if nobody else could be found