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


the bench and bar at a meeting of
the Citizens Protective Committee
held al Parish House, St. Andrews
Cathedral The committee had ill.,
vited before 1t various judges. attor.
neyS and other officials of territorial
and city and county government as
We'll as others having to 60 with the
enforcement Of law and order, and
humber Of those invited appeared last
night. Several were unavoiLably kcpt
away.
Principal discussion as to a change
in the present statutes centcred about
,he penalty for abuse of child under
tie age OF twelve. Various opinions
were expressed by those present 10
he 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
Oeen led astray partly by solicitation.
Among those who spoke during the
evening were Judge Robinson, Judge
Whitney, District Magistrate Monsar-
rat, High Sheriff Henry, City Attor-
ney Cathca:t. James A. Rath, Bishop
Restarlck 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 TO 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
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 it's 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
Guty to supervise the handling of all
cases of the kind, indicating that be
would prefer the volunteer attorneys
to help secure the evidence and work
up the case and that he would prose-
cute in court. Mr.. Cathcart argued
strongly that there has been probably
no increase in sexual crime, bat 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
20 WELD the lash, he would do so
where it seemed necessary. High
Sheriff Henry confined his remarks to
the terse and emphatic statement thar
ne is against the whipping post and
would not flOg a prisoner