Newspaper Page Text
lOon'inued From First Page.
in any case.
to cater a
be ezerdsed in
bl this powr ibottld
nd blaze of
onto mrt la t gte
Lerecv of tae grand Jnry room. If .n
SJ Le r, find WU of indictment,
it will be U.e dntr of , Attorney
General to PP "HJif2
.. v.i will hear tae witness
for the prosecution, and If, in yonr
judgment, tae eTiaeuc. --- ---nesses,
unexplained and nnconlra
warrant a conviction by rne
it will be vocr duty to Sad
STIndlciment. I am unmindfal
has said that it is the duty of the srand
inrr to hare any evidence produced
which would qualify or explain my
investigation. 1 do
the charge under
not believe that to be the true rule,
nor was it the common law practice.
Such a rule If followed would necessarily
result in converting what is
designed to be a mere preliminary la-quest
into a body possessing the powe.
of ultimate decision. A system line
that would be Intolerable. The very
secrecy in which you act. withdrawn
as you are in a large measure from aie
direction and control of
aid. guidance of
the court while yet an appendage
the court, would tend to destroy confidence
In the aumlnlstraUon of Justice
If you assumed to determine .ne
CTiIIt or innocence of persons accused
of crimes. In many Instances those
persons are not under arrest, and to
rive them an opportunity to present
thoir defenses for your consideration
would, while protecting the innocent
in some few instances, forewarn the
guilty and enable them to escape
through flight, through intimidation of
or through the many insidious
influences which wealth, family,
social or political conditions nny
I therefore charge you, gentlemen of
the gran. jury, that It is your duty
to refrain from permitting accused persons
or their attorneys or witnesses to
appear before you, and you are not to
nnrmii our', nersons or their attornes
oi wltnos s or any other person to
upea'f to you upon the street or elsewhere
In regard to such matters. It
may seem hard, and indeed it is most
unfortunate, that an innocent person
should be subjected to indictment for
crime, consequent arrest, arraignment
nnd trial, but, such considerations,
where th evidence warrants an Indictment
In the first instance, are not for
you gentlemen. As human beings are
not perfect, their institutions must
necessarily be Imperfect, and if any Innocent
person suffers an Indictment at
your hands you have the satisfaction
of knowing that such person will ne
given the opportunity of a fair and
trial by a court and jury, of
meeting the witnesses against him face
to face, and of cross-examining them,
of summoning without cost to himself
-witnesses to testify for him. and if
testifying in his own behalf. And more,
you have the satisfaction of knowing
that your Indictment after all is a
mere nccusatlon which does not even
create a presumption of guilt, for, despite
your Indictment, the defendant
is presumed to be innocent of the act,
Innocent of the intent, innocent of the
crime charged in all of its parts.
I deshe to say 4o you. gentlemen of
the grand jury, that If this community
Is ever afflicted with the conditions
described in the phrase we so often
hoar now days, "A wide open town,"
the grand juries of this Island will be
largely If not wholly to blame.
If the grand Jurors fearlessly meet
the duties and responsibilities which
the law has cast upon them from
timo to time no danger need be
from any element in the
community which Is disposed to be
lawless or disorderly.
In this connection I desire to call
your attention to an extract from an
address delivered some seven years
ago by President Cleveland before the
Presbvteriau Board of Foreign Missions
In New York City. He said:
"No one charged with the duties and
responsibilities which necessarily
-weigh upon your chief executive can
fail to appreciate the importance of
the religious teachings and Christian
endeavor In the newly settled portions
of our ynst domain. It is there where
the hot' and stubborn warfare between
the forces of good and evil is constant-Jv
Invited. In these days the vanguard
of occupation In a new settlement i
never without Its vicious and criminal
element. Gambling houses and
are frequently. among the first
establishments In a new community.
It must alsole confessed that removal
from old homes and associations to
new and more primitive ones has n
tendency among honest and respectable
settlers to smother scruples and
breed evil IndlKerence to
and elevating agencies. These
conditions. If unchecked and uncorrected,
fix upon a new community by
their growth and expansion a character
and disposition which, while dangerous
to peace and order la the earlier
stages of settlement, develop Into
badly regulated municipalities, corrupt
and unsafe territories and undesirable
Not an Old Community.
Wo should not rest content in the
thought that we are an old and settled
community, and that our social
and moral status is secure beyond at
tack. Rather let us bear in mind that.
while the countrr Is old in point of set-
tlement,yet, is is but an infant as an
American Territory, and that very
fact will attract hither a horde of adventurous
spirits, who, having neither
the hostage of property, or reputation,
or family ties, may seek to fasten upon
this community through persistent
clamor and demand. If not through
open violation of the law, such conditions
as may seriously affect our moral
status and our integrity as a community.
I charge you, gentlemen of the
Jury, that in the administration of
criminal, as well as civil law, there
should be absolutely no dlcrlmination.
nnd as long as I am an this bench I intend
to see that there shall be absolutely
no discrimination. Before the
law all men are on an equal footing
without reference to race, creed, color,
wealth or poverty; but If it ever
comes to a point in this country, or in
MX other country, where there is to be
discrimination in the administration of
4rlmlaal Justice It should be in favor
a 5- vfl
of the weak, rather than the strong.
for the higher the standing of the individual
in the community and the
sxeater Ms wealth the swifter and
sorer should the punishment be.
Investigate Iiqaor Ssllinc
It has come to the information of this
court, and I charge you to make diligent
inquiry into the fact, that at the
hotels and retorts on the beach a:
Walkiki, liquor Is sold on Sundays in
open notation of law; and if it Is
necesarr. to arrive at the truth of
this charge, it will be your duty to
summon every person boarding at
these hotels or resorts, and every person
who visits them on Sundays, together
with the employes of such hotels
and resorts; and if you are satisfied
that the law has been or is being
violated In this regard it will be your
Antv to tnk nroner action In regard
thereto. If you are satisfied that any
of the persons summoned oeiore you
r. foeMfr ns to these matters are
swearing falsely you should promptly
Indict them for perjury.
And moreover. If you believe that
the granting of liquor licenses to per-.
,. t'not ic calculated and
does In fact depreciate the value of
property thereabouts, and render It
less safe and desirable as a place of
abode, or. if It is calculated to make
that neighborhood a rendezvous for
questionable characters, you may in
your final report comment thereon and
direct public attention thereto.
If you find during the course of your
Investigations that any retail liquor
dealer within the Jurisdiction of this
court has in his employ in and about hi?
bar-room any minor, then that would
be a condition proper for you to comment
upon, and to direct public attention
thereto if you so desire.
Must Enforce the Law.
It may be that this court does not
believe "in the enforcement of laws
which prohibit the sale of liquor on
Sundays at these resorts. Possibly you
do not. If you disbelieve in the policy
of the law, and desire to have it repealed,
the very best way to secure its
repeal Is to enforce it. You are to set
aside your private personal opinions
as to the expediency, fairness or liberality
of the law; It is your duty, and
you are bound under your oaths, to
fairly and impartially enforce the law.
Public sentiment made the law.
It is but public sentiment crystalized
Into a statute. It is all nonsense to
iv Hint mprp nublic sentiimeut alon
can repeal it Public sentiment put It
on the statute books. If it comes or
the statute books it must do so by
public sentiment, properly crystalized
Into a repealing statute, and I charge
you to make careful and thorough and
searching Inquiry as to alleged violations
of law in the sale of liquor on
Sundays at Waikiki.
In the Hawaiian Islands the number
of liquor licenses that may be obtained
In a given district or city are HmiteJ.
I believe, speaking offhand, that the
price of a liquor, license In Honolulu
Is one thousand dollars. In very many
communities throughout the United
States a license fee of two thousand
dollars is charged, and not only that,
but before a man can secure a license
to retail liquor he must obtain in some
cases the signatures of' two-thirds of
the property owners living in the district
wherein he desires to engage in
the sale of liquors. In other instances
he is required to obtain the signatures
of one-third of the freeholders within
the district, and in still others a mere
majority. In many States of the Union
a liquor dealer is under tabu; he is
not permitted to serve as a juror; he is
required to give a heavy bond before
entering into business, and the law
places many limitations for him on the
privileges which others enjoy. It is
within the competency of a State, or
Territory perhaps, to restrict or even
wholly prohibit the sale of Intoxicating
Charges Against Police.
As to the conditions concerning
which I have charged you I desire you
to niako a dilligent, searching and
thorough investigation, bearing In
mind that under your oath you are not
to leave any one unpresented through
fear, favor, affection or hope of toward,
and that in your deliberations
you must not be controlled by ny
ulterior motive or purpose.
The average individual who stands
on the street corner and denounces
men who are opposed to the sale of
Intoxicating liquors is, ordinarily, a
man with an income of fifty dollars
a month, thirty-five of which he spends
for whisky and tobacco, and the remaining
fifteen dollars he gives to hs
I desire to read you some observations
on tiiis subject (Here numerous
statistics were quoted as to drunkenness
in its relation to crime and in
I charge you, gentlemen of the grand
jury, to fully investigate the conditions
under which Japanese houses of prostitution
are maintained in the District
of Iwilei; and I charge you further to
Inquire as to whether or not any police
officers are paid salaries or are receiving
c6mpensation of any sort from
those prostitutes or from the landlords
of the buildings which they occupy.
Policemen are public officers, and
should not under any circumstances
receive compensation for the discharge
of their duties from either corporation
or individuals, much less from those
who are engaged in a shameless vocation
upon which the law has ever
set its seal of condemnation.
It has come to the information of
this court, and I charge you to make
diligent inquiry Into the fact, that
officers In Honolulu are In the
habit of making raids upon Chinese
gambling houses, of seizing the money
which may be in sight under the pretense
of using it as evidence against
those arrested, but in fact appropriating
such money to their own use. If
this be true the practice referred to is
a species of larceny, committed under
the guise of law and authority, which
deserves the severest censure and some
Investigate Insane Asylum.
You will investigate any other conditions
prevailing, or alleged to prevail,
in this community of which you
may have individual knowledge or
which may be brought to your attention.
If in connection with these conditions
crimes have been committed
you will return indictments against
the persons committing such crimes,
and if no crimes have been committed
in connection therewith, and you yet
believe that such conditions are a
menace to the public peace, to public
safety and to the good order of the
community, or unlawfully hamper the
liberties of the citizens, you nay comment
thereon in your final report to
- 5- -
" T- T
m?? jt - tw - -i
THE nONOliDIiD KJSEOuiuCAK, TCESlja, AUGUST 7, im
this court, and thus direct public attention
I direct ytra. gentlemen of the grand
Jury, to thoroughly investigate and
yoa may do so by appointing a committee
for that purpose this Instruction
does not mean that the entire
CTsnd jury shall go to th- place and
Investigate, but you may appoint a
committee of three or toaz to Investigate
and report to your and thr.
act on the report of your rsxainiUee.
I charge you to make fall Innairr as to
-he condition of the Inline Asylnnx.
Remember that those popK hy reason
of the visitation of Providence, are
unable to protect and it
is a sacred trust God has placed in
our hands to see to it that they are
properly cared for. It is hard to understand
how a good physician who
Is an active practitioner, who enjoys j
larue private practice can give the
proper time and attention to an
of this kind. It is the pride
of every citilzen in a community that
it takes proper care of its eld and
helpless, its young and its insane. Now-then,
you will go to the Insane Asylum,
either by a committee or in a
body as you may see fit and mqui.e
as to the number of inmates, hov
many persons are received per month
or quarter, how many are discharged
the nature of the food they receive,
and Inquire particularly as to the
medical attention the medical superintendent
bestows upon them, how
many times he visits the asylum during
the course of the day or week
whether or not he sees the insane
himself, or goes In one door and out
the other, merely inquiring of some
lay person how the patients are setting
along. You will find out what
books are kept, under what expens"
the institution Is run, and make su;h
investigation as would commend itself
to you a ssober and intelligent citizens
if somebody else were making the report
Keep Proceedings Secret.
The oath which you have taken
obliges you to keep secret the proceedings
had before you, and you should
constantly bear this in mind. It is
the policy of the law that the preliminary
inquiry as to the guilt or innocence
of a person accused of crime
should be secretly conducted. One
reason for this may be to prevent the
escape of a party should he know that
jroceedings were in train against him,
another may be to secure freedom of
deliberation and opinion among the
grand jurors, which would be impaired
if the part taken by each might be
made known to the accused.
A third reason may be to prevent the
testimony produced before you from
being contradicted at the trial of the
Indictment by subornation of perjury
on the part of the accused.
You may elect one of your number
to serve as your clerk, if you so desire,
to preserve the minutes of your proceedings.
At the conclusion of your
labors these minutes should be verified
by the attestation of your clerk and
foreman, whereupon you may direct
that they be delivered to the Attorney
Witnesses appearing before you may
be sworn by your foreman, or if he is
absent by any onte of you. You may
when necessary for the examination of
any witness invoke the services of an
interpreter, but an interpreter should
not be permitted to be present when
witnesses who speak the English language
are under examination.
No indictment can be found by you
unless at least twelve of your number
concur in such finding. When an indictment
is found by you, you will indorse
thereon, "A true bill," and have
such indorsement signed by your foreman.
The court will ordinarily convene it
ten o'clock in the forenoon and rise
at five o'clock in the afternoon, but
you may regulate your own hours of
convention and adjournment, except
that you cannot adjourn sine die until
discharged by the order of the court.
At the conclusion of your labors vou
should render a final report to thp
court. In which you may state thr
number of.cascs examined by you and
for what the number of indictments
fcrnd by you and for what: and as I
have before stated, you may also in
vour final report comment upon and
direct public attention to any evils existing
or threatened which you deem
worthy of public consideration.
Gentlemen of the grand jury, before
vou enter upon your duties I desire to
wy that the references which I havp
niade in this charge as to the 'duties
of the Attorney General are intended
o be abstract and impersonal Indeed.
I may congratulate you upon
Hip fact that in the discharce of your
uincuons vou will be assisted and served
by a gentleman who. bv his
cerfect candor and sense of
fairness, has won the confidence and
aspect of the communitv as he eniovs
the confidence and resDect of the cour'.
Following the charging of the jury
John Mitchell was sworn as bailiff ana
the jnry retired to begin its delibera
As the jury retired Attorney Davis
asked the court if he might present
affidavits on behalf of Joseph P. Cooke
explaining why he was late in reaching
court. The court refused to receive
them, saying that Mr. Cooke knew he
had been summoned and his business
was no more important to him than
the business of any other member of
the jury were to them; thtir was not
fair to the court nor to the other jurors
for Mr. Cooke to delay twenty-four
men merely to suit his own private convenience
and the fine of $25 would
Good ICedicine lor Children
If you have a baby in the house you
will wish to know the best way to
check any unusual looseness of the
bowels,'' or diarrhoea so common to
small children. O. P. M. Holliday, of
Demingt Ind., who has an U-months-old
child, says: "Through the months
of June and July our baby was teething
and took a running off of the bowels
and sickness of the stomach. His
bowels would move from five to eight
times a day. I had a bottle of Chamberlain's
Colic, Cholera and Diarrhoea
Remedy in the house and gave him
four drops In a teaspoonful of water,
and he got better at once." For sale by'
all dealers and druggists. Benson,
Ssaith Co., general agents, Hawaiian
SvVsA aJASJ x V? jdr
PUBLIC LANDS NOTICE.
OLAA TRACT. PUNA. HAWAII.
On Thursday, September 2kh, at
office of E. D. Baldwin, Kilo. Hawaii,
will be sold at -Public Auction aboot
360 lots of 50 acres each, at upset prices
of from SL0O to $12.00 per acre, on f
lowing terms and conditions:
Purchaser may not acquire mere
than one lot
The purchase price of the land to be
paid within ten years, either In full at
any time within said period of ten
years, or In instalments of one or more
tenths of the purchase price on any interest
Interest at rate of 6 per cent
from date of Agreement on unpaid
balance of purchase price, payable
semi-annually, in advance-Purchaser
shall substantially improve
his holding within one year from
date of Agreement, and shall from he
end of the second year have under
cultivation at all times, not less than
10 per cent of the premises. To eu'ille
him to Patent Grant giving- fee simple
title, he shall continuously maiatam
his home upon the premises for .t t ;m
of six years and have at the end of
such term 25 per cent of the ,ir;nises
under bona fide cultivation, or si all
have maintained his home
upon the premises for four years
and have under cultivation, at tlio end
of such period, 50 per cent of the premises,
such maintaining of a home to
oegin at any time before the erd cf
fourth year from date of Agreement.
He shall plant, if not already gi owing,
and maintain in good growing
condition from end of second ."jar
"termination of Agreement in
of not less than ten timber, h;tde
or fruit trees per acre.
He shall allow the Agents of the
Government at all times to entr and
examine the premises, and shall pay
any taxes that may become due on
At the end of tenth year, or earlier,
if all conditions necessary thereto have
been substantially complied with, rue-purchaser
shall be entitled to a Lairl
Patent conveying fee simple title to
the land described in Agreem?nt of
In case of default or failure to perform
the required conditions tho Commissioner
may take possession cf the
premises and may sell the same at r.i
either as a whole or in parcel:-,
for cash or terms of time payments;
and if such sale results in advance on
the original price, the original purchaser
to receive therefrom the amount
of his payments to the on
account of purchase, without Interest,
and a pro rata share in such advance
in proportion to the amounts of his
payments. If such sale shall result,
however, in a less price than he original,
the amount returned to aim shall
be charged with a pro rata amount of
such decrease, proportioned to Xe
amounts of his payments.
An Agreement of Sale coveriu; f uch
conditions shall be made with the
Government and no assignment of interest
under such Agreement shill be
made without the written conssat of
the Commissioner of Public Lands.
J. F. BROWN.
Commissioner of Public Lsuds.
August 1. 1900.
Telephone 475 is the business office
of the Robert Grieve Printing Company
and The Republican. Telephone 123 is
the editorial department of The Republican.
Claittfitd AdvrtuemmU in flu tctman tcSl
fc atierled at 10 anil a Imtjint insertion. 5
cmUalinf sncml insertion; 25 ornts yr hnr pfr mrl
35 cents per hnt ttro tettks, and SO cents jrr hns jv.
MAS' with S10U0 to Invest In sound
proisitlon. Literal return on Investment- So
Gkk1 security. Address D. A. W .
Piano tausht by
t Lellsic Conservatory: netr quick,
method, S3 ir month. Secla! attention to
adult beginners. Address "Musician,'' Republican
STENOGKAPHEB AND TYPEWRITER
A. T. MILES, Stenographer and Typewriter,
Office 315 Tort street. Telephone 139.
TRUST MOHEY TO LOAN OH HEAL ESTATE.
Apply to E.Wolters, nttheotaceof
OSB HOT3RED FamUle to buy lots on the
Palolo Tract and start a suburban town at once.
This tract Is within ten minutes wait of the
proposed Rapid Transit Railroad. Tor further
particulars apply to A. T. Cooke, Room ?, Model
TWO -GOOD compltors. Apply at Office or
THE REPUBLICAN atS o'clock this morning.
BT ACCIDENTAL et opening, a larco bay
colored CaWornIanMre. welpht about WO lb.:
faint sair tin rorrhcad, fatcondlUon. A little
puupuu or Irritation on face but heallnp. RIcht
hind hoora little white. Finder pleae noUry
Police Station and reward will be paid.
Comfortably furnished front room, reduced
rent. 62$ Vineyard. 3 doors from Queen hotel.
TOUR Lots. Hobron Street. Eapahnln. Wal
klkt. StOO each. ,, ?
101 Kin? Street
Stockholders are hereby notified
that the Fourth Assessment of 5 per
cent, or Two and One-half Dollars per
share on the Capital Stock of -the
TELEWUPM CO., L..
is due and payable July 1st, at the office
of the undersigned, 411 Fort street.
J. H. FISHER,
Actio; TreaBHrer Inter-Island Tele
graph Co., Ltd.
mm, .. . JV '
. .- !? d&. - . 'in in TrrrTiT - ---"" Trariiign . iti
206 Merchant Street.
j j JWJJSJJ J J" J1
"5r J wTnTT
W Malm I
Newly Built 2 Story
U am mm
206 Merchant Street.
Z'ir; ?'?ZSi'fr&& .!.,;,
OAHU RAILWAY AND UNQ CO.;
From and After January 1, 1900.
Dally Dally Dally Dally Dally
Stations. ex ex
n.:n. a.m. a.m. p.m. p.m.
Honolulu 7:10 9:1S 115 3:13 3-JU
Pearl City 8KB 3:48 11 10 3:7 50
EwnMIll 833 10.-CH 12:00 M C-18
Walanae 10JO 4:13 ....
Walalua 11 .53 3:W ....
Kahuku ... . 12:32 G:15 ....
Daily Dally Dally Dally Dally
StaUons. ex ex
a.iu. . a.m. n.m. p.m. p.m.
Kahuku 5:35 .... 23
Walalua C:10 .... 21
Walanae 7:10 .... 34
EwaMIll 5:M 7:13 1:03 4S
Pearl City 6:13 8.-03 1:30 4a3S
Honolulu 6.30 SOS 2M SiH
O. P. DEXISON". r. C. SMITH.
Superintendent. P. AT. AG.
The Honolulu Republican will be de-.
red to any part of the city for 75c
ppr month or $2 per quarter.
BY THE BARKS '"J. C. PFLUGER" AND "il. E. WATSOX."
We Have Received a Large Assortment of
Grosse & Blackwell
BICARBONATE OF SODA,
PAINTS and OILS
CORRUGATED IRON, RIDGING, Etc., CEMENT and
FIREBRICKS, CARBOLINIUM, STOCKHOLM
TAR, BUCKETS, TUBS, TINPLATES,
SAUCEPANS, TEAKETTLES, Etc
E Hackfeld Co., Ltd.
Fiiroitiire at Sail
No More Duty ! No Entry
Therefore we will give
150 Double bedsteads, with mattress
and pillows complete. .
100 best quality hish beds, 17.
50 White Enameled iron beds, brass
500 Pillows, from 25c up: feather pillows
Xeele & Wilson Sewing JIachine,
Sligtsn, used ? rJUU
Books lent to read, 5 cents per volume. 2000 books to choose from.
L. S. MATHEWS & SON,
Between fort and Kuuanu streets.
"v 1 tev ,-?. ' . " Vvi
e5 $55sf - .
J. . FLSilEIi it (H)..- '
Stock and Bond Brokers
411 FORT STREET.
Ad vnnc Made ou Approved s, -
Metropolitan Meat Go
G. J. "WAIVLER, - - -
Wholesale and Retail
Charges ! No Consul Fees f
our customers die benefit.
Bedroom sets, 7 pieces, straight from
Mattresses of every description, woo
esceelsior, hair, fibre, etc., from 32 up.
Mirrors, all sizes, prices and styles.
Eancrin? LamDS. lanterns, crocker
tinware, hardware, etc., at less tlui
uuuimuau s uitkcs.
No. 26 Beretanla streets
l - c