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8Y JUDGE HUMPHREYS
Continued from First Page.)
ins lor the exercise of candid and impartial
judgment and sound legal
State ex rel. Hathaway vs. State
, Board of Health, 103 Mo.
. To sit in judgment upon the right of
one to prnctice a vocation which is the
source of support for himself
and for which he has qualified
by' education, study, observation
and experiment, and to humiliate and
degrade him in the estimation of the
community by abrogating that right
is a responsibility which ought not to
Iks assumed by one who may even
though he does not direct and con.-
'trol the prosecution. Where a sense
of common fairness does not tell us
what is right, the law at least should
toll us what is wrong and telling us
The law provides a penalty for
practicing medicine or surgery, "without
having first obtained" a license ns
provided by the statute. Practicing
medicine after the revocation of tho
license is hot denounced nor Is there
any ponaltv attached to it. It is true,
as "remarked bv Judge Bartlett in
vs. Fassett. 163 X. Y. 231, that
"no case has a brother," yet the case
of ex parte McXulty, 77 CaL 164. is as
much like the case at bar. both as to
the facts and the law under which it
was sought to sustain the conviction,
as it is possible for two cases arising
Jn different jurisdiction to ,ber' Tn,
that case. McXultv. obtained- "tKo its
quisito. license for the. .practice ;f
medicine in the State of California;
"which license was Bubsequonlly revoked
for unprofessional conduct. Ho
continued to practice .his profession
after the revocation ot his license, and
upon being convicted arid sentenced
In the Superior Court of the City and
county of San Francisco obtained his
discharge In the Supreme Court of
California on habeas corpus,. the;cpart
holding seven judges on the bench
ono dissenting that as the statute
only made it an offense to practice
"witnout having first procured" a certificate,
and provided no penalty for
practicing after the revocation of tho
certificate, such a conviction could not
It was argued that the case of this
defendant was clearly within the
intended to be prohibited by the
legislature I am Inclined to think so
too: but 1 can not find this defendant
pullty of a crime by construction.
The statute under which this prosecution
is based Is penal hlgh.lv penal in
Its provisions. It provides for a heavy
ftae, and logically results in forever
prohibiting tho from practicing
a profession, to which he has
rnanjr of the oest years of his
career. That such statutes are to be
construed strlctlr against an offender
and liberally in his favor Is a proposition
which I have never heard disputed.
To determine that a case Is within
the intention of a statute, its
rauBt authorise lis to sar so.
It wold be dangerous; indeed, to carry
the principle, that a case which is
within the reason or mischief of a
rtatHte is within its provisions, so far
as to paish, a crime sot eKHmorated
in the, statute. becsc.n. is of equal
atrocity, or ot a kladred character
B . " " I ! 11- . T Tl. -" 1'. i-i i ''
?v s- v"Sr,;t f l ,- 'V r flf;r
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able property and consigned to
and reproach unless it be very
clear that such high- penalty have
been; annexed by law to' the act which
he has committed. "It is more consonant
to the principles of liberty," says
an eminent English judge, "that a
court should acquit when the legislature
intended to punish, than that it
snould punish when it was fntended to
discharge him with impunity." See
Untted States vs. Clayton, 2 'Dill. 219.
The Attorney General evidently realized
the difficulties presented by this
case for in drawing the indictment h
did not follow the language of the
s.atute and charge the defendant with
having practiced medicine "without
having first obtained" a license, hut
he charges him with practicing
having a license so to
do" "whereas'-there s no such offense
created by thV laws of Hawaii.
tfiere Is no law authorizing
the conviction of th.e defendant 'n
this case, and it will be my dutv when
and so often as he is prosecuted under
a. similar state of facts, to discharge
him by the appropriate process of the
"Let defendant be discharged.
GAMBLING IN KAKAAKO.
Women Neglect Their Husbands for
'Games of "Seven Come1 Eleven."
A gang of Kakaako sports, including
two women, were in police court yesterday.
The men were fined $10 and
costs each, and the women were released
with a reprimand.
The heads of families in Kakaako
are growing very indignant toward
perambulating tinhorn gamblers who
come around the neighborhood and induce
their housewives to play. These
husbands and fathers say that they
come home only to find Bodlmier,
that the breakfast dishes. aretleft unwashed,
and their wires swmto have
lost all ambition to fulfill their household
Judge Wilcox proposes tolelp'ffies'
Injured, angry and hungry fathers and
husbands by hitting the crap shooters
hard every time they are breocat lato
his court. The Judge say his stock
of reprimands is runalsg very low,
aad good round, iaes will be the rale
THE HONOLULU REPUBLICAN, THURSDAY, DECEMBER 20. 1900.
DON'T READ THIS
TOYS! TOYS! TOYS!
FRESH ICE HOUSE GOODS!
PER S. S. ZEALANDIA
Also a number of natural
LEWIS & CO.,
Grocers Sole Agents
-THREE TELEPHONES 240-240-240
L. H. DEE, Proprietor.
No Beer to Burn but Beer to
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A Large Invoice in. Draught and
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HART & CO.
TIE ELITE ICE CREAM PARLIRS
Fine Chocolates and Confections
Ice Cream and Ices Water.
Geo. L Martin
X ' ;. E-
J. s. SPITZER
DID IT EVER STRIKE YOU THAT
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H. Hackfeld & Co.
------.- ' 2
Hotel St., bet. Fort and Bethel
ft supply of pfBSh BUBf rtas arrived
Per bktne "Planter" and sclir. "Aloha,"
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In cases and barrels, quarts and
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, ST. LOWS
Now for Sale by
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$ED THF REPUBLICAN, READ THE REPUBLICAN
U: t At-
4 '. . :
WE ARE SHOWING THE BEST SELECTION AND LARGEST COLLECTION OF TOYS IN HONOLULU. OUR STOCK EXCEEDSJONE HUNDRED OASES.
Dolls tha, saueakl fDolIs that squeak
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Our trumpets and drums startle the town.
Mechanical toys in every shape keep going.
Battleships that would do credit to any navy.
Trucks, wagons, trains to suit large corporations; also
Bonks equal to any in town, all at exceptionally low prices.
Call and see them before going elsewhere as you cannot fail
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FOR THE LADIES
SneCialtV Shirt Waists excelling everything of the kind
f ever brought to town, in all colors and designs,
latest Sleeve, Collar and Cuff, 50cts. 65cts, 75cts, Socts, and $1.
Flannelettes in most beautiful, shades; SJcts, lOcts, and
Dimities in great variety SJcts, lOcts, 12icts, locts, 17icts
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which we must clear out. 36in. wide, at 12icts, usual price
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for selling them so cheaply is our want of space.
We have everything that man can wish for in furnishings.
Our Neckwear, Shirts, Collars, Cuffs, Hose. Underwear, Pajamas,
Bath Robes; also Soap and Towels, They are not to be
competed with in this city both for quality and styles.
Trunks in every shape and size at economic prices,
In Domestics we are unsurpassable. "We offer vou 10-4
Sheetings at 20cts, 25 cts, 27icts, 32cts and 45eis.
Pillow Casings from lOcts to IScts. A big selection.
Blankets in every shade; per pair QOcts, $1.00, 1.50, Si. 75,
$2.50, 3.75, 4.50, etc.
Bedspreads "El Ultimo," 75cts, $1.0(T$r.25
is no Criterion." . " "
DON'T FORGET WE ARE GREAT HANDLERS OF THE BEST SEWING MACHINES, TO WIT: "THE STANDARD," "DOMESTIC," "AUTOMATIC," "NORWOOD," AND "VINDEX."
VKi i r 'V
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V - Aj$ 1 1 i ,V , : vfJH.., "A ;"
Iv. B. KBRR & CO. Ivtd
with those which are enumerated. "If
this principle," said Chief Justice Marshal.,
in the United States vs.
5 Wheat. 76, "has ever been
recognized in expounding criminal
law, it has been in cases of considerable
irritation, Wi.ch it would be unsafe
to consider as precedents forming
a general rule." See United States vs.
bheldon, 2 Wheat 119.
Courts, in construing statutory offenses
have always regarded it as
their plain duty cautiously to keep
clearly within the expressed will of
the legislature, lest otherwise they
shall hold an act or. omissionjto be a
crime, and punish it, when In fact the
legislature never so intended. "If this
rule is violated," said Chief Justice
Best, "the fate of the accused person
is decided by the arbitrary discretion
of the judges and not by the express
authority of the laws." Fletcher vs.
Lord Sondes, 3 Bing. 5S0.
It will at once be conceded that no
man should be stripped of a very valu
. The Only
Thursday, Friday and Saturda'
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