The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-03-06
JUDGE MONSARRAT
MUCH SURPRISED.
District Magistrate Says Harbor
Commission Criticism Of His
Acts Is Uncalled For.
(Trom Thursday Advertiser)

#Ht .NAiVh AhuibuhJ huNtTtibcIJ.lt
Judge Monsarrat is at loss to under
stand the motive Of an attack which
he alleged has been made upon him by
Special Officer Calvert who Is specially
detailed to prevent persons smoking on
the wharyes In complain brought
before the harbor commissioner, Cal
vert, among other thing, claims that
Judge MonsPrrat with considerable re-
lnctanee grated warrant for the ar,
rest of w. II. 9. Campbell who violated
the smoking ordinance. soil
The ease Of Campbell was cited as
vert, among other things, claims that
Judge Monsarrat refused to issue war
rant. The case Of Thomas Dunn, pay
clerk al the U. s. Navy station, Is also
cited wherein Calvert claims that be
was obliged to cool his heels for two
weeks outside Of Judge Monsarrat Is
courtroom before he could have this
offenders case properly brought to the
attention of the court.
Explained by Monsarrat.
81 did not refuse in the first instance
to sign a warrant for Mr.. Campbell,'
said Judge Monsarrat yesterday, "but
| did suggest that the interest Of JUS
tice would be served by the issuance
Of d penal summons" OK
The judge stated that in cases in
which he believed that where the party
complained Of win appear In response
to penal summons, more especially in
matters where police ordinances have
been unwittingly violated through ig-
norance he thought IL best TO resort to
a penal summons for the offender In.
stead Of warrant; and this without
reference TO the rank or station in life
of the offender
" In such petty cases, = said the
judge, "the determining factor as ia
whether a warrant shonld be issued
rests upon the question, will the de-
PENDANT abscondfp If he will appear
there is no occasion for, issuing war
rant. It is not likely with our isolation
and the cost Of getting out of the eoun
try anyone is going to be fugitive
from justice for smoking on the wharf
Cites Mayor Gaynor's Example.
cone Of the most popular things ever
done by the late Mayor Gaynor of New
York formerly a judge Of the suprem,
court of that State) was TO instruct
the police of that great city to sue Out
penal summonses, instead of arrestinl
for petty offenses. This policy was en-
dorsed by the press, the bar and the
clergy with singular unapihity. ="
In the Tommy Dunn case, Judge Mon
sarrat states that this important piec'
of litigation was settled IN less thar
three days. When the case first cam,
up for trial it was continued until thu
following, day upon the request of tn
prosecution. The following day IL cam'
up for trial, the case was delayed agar
and on the final and third day Tommy
was touched for FIVE dollars with tire,
dollars trimmings.
81 believe that the harbor ordinances
| is good one and should be enforced, :
continued Judge Monsarrat, 'fbut |
little more horse sense and judgment
on the part Of this man Calvert would
serve the general public better ant
more thoroughly carry out the intent o.
this ordinance. There should be no dis
elimination in enforcing this law as j
applies to everyone, the rich as well a
the wharf laborer. Calvert has beer
bringing ignorant Japanese and Hawai-
ians into court on warrants charging
them with this violation and withou
sufficient evidence to convict. s
"a recent case was brought to m,
attention where KOREAN sailor wa
arrested on the wharf for smoking. Hi
was in Jail for thirtY.six hours befor,
the matter was brought into court anC
then when the ease did come to tria
there was insufficient evidence to con
Wet. Incidentally the man lost hin
position on the steamer where he wal
! employed '.|-'|..s a.
| w. II. G. Campbell, one of the of
Tenders, when communicated with last
night, said that although he did moi
| grieve over the five dollars that he con
tributed to the county treasury still ht
did question the methods used by Cal
vert in having him arrested. He safd
that he arrived from IIilo at seven
O'Clock in the morning, was on the
wharf for a few minutes and then went
home. At no time, he states, was he
approached by an officer or told that he
had violated the law. At nine o clock
on the same morning police officer
appeared at his Office with a warrant
which he answered Immediately and
which resulted in his being fined Ave
dollars.
II is stated in police circles that the
attack on Judge Monsarrat by Calvert
through the harbor board is aetuated
by the fact that Judge Monsarrat fined
Calvert ten dollars recently for con.
tempt Of court when he was heard to
remark as he left the court that "he
would be -. If he could see why he
eouldn Z get a conviction in the police
eourt," II is stated that Calvert said
he would "get" Judge Monsarrat for
thus exercising his judicial privilege.
II is stated, on the other hand, that
the harbor commissioners were cogni.
zant of Calvert's difficulties with Judge
Monsarrat, but gave this no considera-
tion in appealing to the justice of the
supreme court for aid in enforcing a
law, the enforcement Of which, IL is
claimed, in some instances at least
Monsarrat was not encouraging.