Evening star., 1932-05-14
Hawaiian Case Settlement
Accepted as Best Solution

Inability to obtain justice in the
Hawaiian Islands is emphasized by
many as the foundation of the settle
ment of the Massie case. Under the
circumstances a technical verdict of
guilty, followed by brief term and
freedom, is accepted as logical, though
appeal to a higher court is suggested rs
an alternative. Reform in criminal
prosecutions is proposed.
In the light of Honolulu justice,
what less could the Governor have done
than commute the sentence?" asks the
Portland Oregon Journal, describing
the attack on Mrs, MaSsie as "a last
word in criminality," and attesting that
"the horror of it, the tragedy of it, the
ghastly shame of it, filled the mind OF
Lieut.. Massie with a terrific anger, Just
as it would any decent husband" The
Harrisburg Telegraph suggests that lit
will be some time before another wom-
an is assaulted in Honolulu" and as
to the conclusion of the case, that paper
thinks 1.-The supremacy OF the law is
upheld and public demand for leniency
for the accused Is met
In the exercise of the Governors s
power to commute" says the Omaha
World-Herald, there is logically to be
considered, not alone the question OF
guilt, but of provocation and OF eX-
tenuating circumstances. Commuta-
ton is an act of legal mercy, and the
sense of mercy and compassion, as well
as Justice, are its proper guides. The
appeal to the sense Of mercy in this
case seems little short of overpoWeTlng.
The Oshkosh Daily Northwestern feels
that the governors action, like the
verdict of the jury, at least has the
merit of having conformed to due
process of law and in all probability IS
the best way out of an unusual and
delicate situation"
"a mans right to protect his wife's
honor, as we'll as her life, has bear
ing on such cases." in the opinion OF
the Ann Arbor Daily News, which con-
cludes: Technical justice was satlsfled
by the verdict Of guilty, and the Gov
ernor of Hawaii gave recognition TO the
unWritten law. The combination OF the
verdict. the sentence and the commu-
tation was a compromise that should
satisfy both those who insist that the
law is the law and those who bellies e
that there may be exceptions, and that
the MasSie case was one"
In view of all that had happened.
and especially of local conditions" de-
clares the Dayton Daily News, 1T was
far from clear that anything would be
gained by consigning MaSsie and his
mother-in-law for long term to prison.
Here the final authority spoke. The
pardon power intervened. There re-
mains, from the whole case, de-
cidedly bad taste in the mouth; yet this
outcome is probably the best that could
have been devised We are left with
the problem which led to this case in
tact"
From this confused mix-up" ad-
viSes the Baltimore Sun, 1T is impos-
sible to draw any inferences except that
Hawaiian justice is in a terrible mess.
Nothing that has been done appears to
have been based on any serious conVlc-
ton as to what ought to be done about
the original crime or as to the real cul-
pability, If any, of the unfortunate
Massie defendants. The whole business
is shot through with hysteria and con-
fusion, to which members of Congress
have largely contributed, and which
seems likely to react unfavorably upon
affairs in Hawaii for a considerable
period to come"
Had the crime been committed in
any American State" according to the
San Jose Mercury Herald, the defense
and prosecution would have used the
same tactics. The trial would have
been battle to secure an emotional
verdict The appeals would, of course, be
varied. because the emotions of an
American and a Hawaiian community
would not be the same. Otherwise there
would be no difference. What the Mas