Evening star., 1932-04-05
BILLS INTRODUCED TO REFORM
HAWAIIAN LAW ENFORCEMENT
Senator Bingham Acts Quickly on Rich
ardson Report on Crime Con-
ditions in Islands.

ment Of a crime commission. looking To
the enactment OF its recommendations
into law.
"As a result the head Of the police
departn ent, formerly an elective Official.
is now under appointment from police
commission. itself under original APP
pointment from the Governor, such com
mission in the future to be appointed ny
the mayor OF Honolulu. Residence IN
the Territory for such chief OF poilce ior
q period of five years is required.
We regard the step thus taken as an
improvement. but as insufficient TO meet
coming necessities.
TO be effective the head OF the police
department should be removed from
politics. The racial characteristics OF
the population. as well as the great
political activity, require it,
Moreover, in event of a great national
emergency in the Pacific area any police
organization subject to political control
viii make more dificult the task oil
national defense.
Hence we recommend the appoint
ment by the President, with confirma-
ton by the Senate, of a Territorial ponce
head for the entire Territory, the full
power of control and organization TO be
given to such police head. to the END
that ultimately a Territorial constaou-
larry may be formed similar to the Varl-
GUS organizations of State police In
various of our States.
Useful In Emergency.
"Such an organization would be re-
moved from politics and would be in an
available position to cooperate with the
government in time OF national emer-
gency, and would afford to the people OF
the Territory efficient. independent. re-
liable and modern police protection.
"Such a plan is similar in many re-
spects to the plan originally adopted
upon the formation of the Territory oi
Hawaii, but which has been imperative
since the organization OF county govern
ment in 1907.
I'VE found the prosecution Of crime
to be in the hands of various county
attorneys throughout the Territory.
In Honolulu we found an inexperi-
enced. inefflcient county attorney, i'm
mersed in politics, his deputies ap,
pointed largely for political purposes
with insufficient funds at his dlsposa
to provide suitable deputies.
las a result prosecutions had faller
into disrepute and there was a lack Of
public confidence in the county attorney
ITO remedy such conditions Gov
judd and various citizens, while press
ing the police bill. also pressed for pas
sage bv the Legislature early in 1891 Q
county and city prosecutor bill, ant
such bill finally passed in January, 1882
"The bill as proposed provided 10
appointment by the attorney general o.
the Territory. with the approval OF th'
Governor, but before passage the Legis'
lature changed the mode of appointment
to appointment by the mayor, with The
right of removal in the Governor.
Like the police bill, we are inclined
to the view that the prosecutor bill L
an Improvement over existing condi
tions. but the Office is still in politics
and when the present public 1nteres
passes it will be increasingly so.
Two Problems Linked.
Improvement in police adminiStra'
ton requires a like improvement II
prosecuting conditions. The two should
go hand in hand.
Hence we recommend the appoint
ment by the President, with the con-
sent of the Senate, of an attorney gen
eral for the Territory who shall be th'
public prosecutor, and, with his depu'
ties, shall have exclusive charge o.
prosecutions throughout the Territory
superseding all other prosecutors.
Under such an appointment we thinl
politics in the ONCE would be mini
miZed and prosecutions given seriou!
and experienced attention.
such a plan is similar also to th'
plan originally applicable to the Terri
tory under legislative act, which also fel
into diSuse with the coming OF count!
government in 1907.
with these two recommendation
the three great agencies in the admins
tration of law enforcement, to wit, tht
courts, the prosecutor and the police
would be directly responsible to the Ma
tional Government, and in view of tht
pressing problem of national defense
racial diversity and industrial develop
ment, together with the SURPRISING i'm
portance of the Territory as military
and naval base, would thus tend Il
promulgate a feeling Of security, safet!
and preparedness through the Terri
tory and the mainland.
Courts Escape Criticism.
I'VE found no serious criticism Of th'
courts.
There are now the United State'
District Court and the Territorial cir
cult courts, with separate jurisdiction
and a Territorial Supreme Court.
The appointment Of the judges b!
the President, with the advice and con
sent of the Senate, has provided goot
Judges and q minimum OF political in
reference.
TT is felt, however, that since botl
the Federal district judges and the Ter
ritorial circuit judges are appointed b.
the President of the United States ant
are paid by the United States,
considerable saving Of expense could b.
effected by abolishing the Unitec
States District Court and transferring
its Jurisdiction to the circuit courts
with an appeal to the Supreme Court o
the Territory, whose decisions are re
viewable by the Supreme Court OF tn
United States. Considerable complain
is made Of the time and great expens
necessary to prosecute appeals from tn
Federal District Court to the Clrcul
Court of Appeals of the Ninth Circui
on the mainland, and the standing o
the Territorial Supreme Court Is o
might well be substituted in the plac'
of the Circuit Court of Appeals of tn
Ninth Circuit as an appellate court TO
all island litigation, with review II
proper cases by the Supreme Court o
the United States. Such propose
would involve abolishing the offices o
United States attorney and marshal, an
giving to the attorney general of tn
Territory, under supervision of the At
torney General of the United States
charge of criminal and civil litigation
in which the United States is interested
The present United States distric
Judges could be allowed for the balanc
of their terms to serve as circuit Judges
1t is recon Tcnded that Congress Civ
consideration to this proposal.
JU-y System Spared.
I'VE found no serious complaint o
the Jury sNtem. Objections were mad
on account OF the racial makeup Of tn
juries. but the judges minimized sucl
objections.
However, there are pending now il