Hawaii Holomua, Volume III, Number 148, 26 Iune 1894 — "Conventional Capers" [ARTICLE]

"Conventional Capers"

The constitutioual convention īa undeniable doing its level best to make the proposed constitolion as objectionable as it pos»ible ean. It was boped that on tbc second reading the instrument wou!d have been put in such a *baj>e tbat it would bave bad at least an excuse for its existeuce. Ou tbo contraiyl Tbe cbanges bow mndc add to tbe illiberality, au<l practical impossibility of the Ihw. Yesterday the wisemen added to the now nearlv unlimit©il power of tbe executive branch hy an amendment whieh gives kho prosecution iu criminal cases Iho powor of appeal. Theoreticallv the pnneiple is undoubtedly eorrect, but pratically it will prove one of the most obnoxions tnd roost contemptible measures yct invented by the depraved missionaries. The laywers will Lenefit aml will enjoy the raeasure. No wonder that Mr. Oeeil Brown had changed his mind and lavored the amendment. The onlv lawver who in a manly way opposed the measure waa Judge rtobcrtsou, but then nothing ean iroprove his practico. As far as we eau niiderst:«nd, the amendment was inade be•ause, occasionallv. thcre is a miscarriage of justice in onr h>wer courts. We do not deny that. Often a guilty man e«capes punisbment, because the proseeution is weak, the evidence in8utficient, or the judgo incomj>etent or disbonest. But is it not better to Iet a citizen, however, gnilty escnpe, and as a free man Lave a ohanee of reforming than »t is to give iuto the hands of the prosecnting officers a power to pcrsccute, to gratify personal spite and to seek vengeance ou a followiUHn?If many of onr“lower” judges aro incompetent or even eorrupt what shall wo s.»y abont a large numl)er of our pros‘ cnting officers. Is it not a fact that a number of the deputy sherirfs in the outer districts are fully as in competent and fullv ascorrupt as are the jndges, aud it is into tfie hands of such a mob that the govcrnmeut proposes to lay a power whieh ean be and will be misused in a raost flagraut manner. Let us take a pmelieal i lustration of how the new law will work. A innn is arreste.l on a enminal cbarge, say in sorae villnge on Maui. He is under the displeasore of the deputy sberitf and a vigorons prose euiion is made against him. Unable to furnish bail he is eonfinod for a oonple of days in the jail aud when brougbt before the > judge he is honorably acqnittetl j Lecaoso be was able to prove an alibi thatcleared him o( all suspicions, The depnty sheritf, not ! satisfied with tbe decision and j termined to get even with tbe | man appeala the case to the €ircoit Court whieh wiil be in j aession five montbs and three 1 days from date. The mau is eoufined in jail in the meanlime and when brv>ogbt iotrial is acqaitted onee more. He has tben been unjust!y incaroerated, depriTed

of his liberty and bls work for nearly six n]ontbs and he has no : redrese whatever. Tbe depoty sberitf acted aceonling to the antbority grarited him by Mr. D*'le’s Constitation of 1894. The AdveriĪMr defends the measure and refuses to li»ten to tbe words of Sen«tor Morgan who reminded the Convention of tbe possibility tbat a day mightcome when tbe measnre woald prove a most disagreeable double-edgad atfnir,cuttiug both ways. Tbe Al~- ! v(rii*er is happy and feels secure in the conscience of holding tbe npper hand just now. Sanguine in the atmost degree, tbe family compact refuse to believe in tbe possibility of any future change, and advocate raeasures for tbe undisputable benefit of tberaselvos. The Advtrtiser regrets tbat the convention basn’t had the moral conrage to do awav witb tnal by jary, and it advocates the European system of trial by judges. We fullv agree witb our esteemed contemporarv that the European system is far superior to the Araerican or Englisb jury system. Thirteen experienced jnrists sitting as a i court are certainly more able to judge fairly and justly of a case presented to tbera, than j are twelve or tbirteen piek od np shopkeepers, lumber- ; raen,tailors and shoemakers. But the Adverti«er forgets that the I members of sucb courts are distinctly ont of politics. They are ; virtually ignorant, or snppcsed to be so, of the strife, intrigne, aml macbiuations <>f conflicting I 'litic.il parties. They ean listeo to the case of Smith, Jones, and l*rown, witli, a raost unbiased mind, becanse thev know notbiug of Smith, Jones and Brown. ’ * aad their po!itical atfili- i ations and sentiments. CouId iourjudges do tbe samo? Could the editor of this paper go before judge J :dd and be ieve that his ! case would be iu tbe bands of an I inipartial man? We do not for a inoment insiuuate anytbing agaiust tbe integi ity of the judge iueritioued. but be wouhl be more than humau it he eouhl overlook tlie fact that ho is a promiuent f >ctor iu polit cs, auil tbat we aro d stiuctly opposed to him. līe lms mule puhlie sj>eeches; he has issncd public addresses; he has becn an mdefatigab e polAieiau and j agit<itor We bav« opposed him, wo have criticzod Lim aud we have attacked him iu the sarae | spint as ho bas «ttacked his I opjH>uents Could be theu sit as a : jndge aud jury and try a case against us under snch circura- I stmces? We doubt that the j ed‘tor of ibe Adverti«er would advocate s :cu principles if tnehad i tlie judges aad he bad tbe case. i Tbe CODTeatiou bas eutored on I « dmgerons Li will prove a <iownward rond. because nobtxly in tl> s sn.j«ll countrv wdl be able or wi liug to iive under the cironmala«iees uow otf re<l. Tue clause whieh gives the president and three rainisters tbe power to «nst the fourtb miuister is chrtract»nstic of tbe wuule aflair. King Dole will not toler-* ate any oppt*sītioo. 'oe it fair. houest or loy ti Th*tt tbe measure :s directed aud specially prepnred f«>r Mr. Damon is obvious Bat tbea S»m Damon is «bie to take c.tre of bimself.