OCR Interpretation

The Garden Island. (Lihue, Kauai, H.T.) 1902-current, February 24, 1920, Image 2

Image and text provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn82015411/1920-02-24/ed-1/seq-2/

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p-i -'-arno
One of the nicest and mosft attract
ive homes i-stablished in years on
Kauai is that of the Lydgates, an ex
terior view of which is shown here
with. The advantages of a two story
building have been made most of in
the way of privacy and coolness for
the sleeping rooms, and artistic charm
and comfort for the living rooms.
The main living room is furnished
In sepia, large panelled veneer wains
cotting, with dark paper above. The
other rooms are mostly in figured tap
estry with old ivory trimmings and
At the opening of the present term
of court, his Honor, Judge W. C. Achi,
Jr, made a very fine, instructive ad
dress to the Grand Jury, which is
worthy of a wider circulation, and will
be read with interest by the general
Gentlemen of the Grand Jury:
Law is essentially the foundation
upon which all civilized governments
rest, without which they cannot exist.
There can be no legal conviction in
this Territory for any offense punish
able by imprisonment for a longer
period than one year without an in
dictment by a Grand Jury.
fUunder our law the Grand Jury is
drawn and empaneled annually, to be
and act as such during the year. You
have been drawn and empaneled as
such Grand Jury in and before the Cir
cuit Court of the Fifth Judicial Circuit,
for the term thereof beginning upon
this date.
The duties and functions of the
Grand Jury are recognized to be of
great importance in the administration
of the law. In the performance of
your manifold duties, the law, which
is master of us all, shall, in the light
of your conscience and good judge
ment, be your guide. The law is no re
spector of persons, and before courts
and jurios, irrespective of race, color,
position or situation in life, or of re
ligious or political views, all persons
stand on the broad plane of equality.
.It is incumbent upon all of us to admit
unhesitatingly and without question
that whatever is law is right. It would
be extremely unsafe and unwise, as
well as impracticable, to proceed upon
tany other theory. To disregard the
law as constitutionally enacted and
promulgated, or judicially determined,
would be equivalent to each man being
a law unto himself. Our country is
governed by law, not by men.
The constitution of the United
States of America providea that "no
person shall be held to answer for a
capital or otherwise infamous crime
unless on a presentment or indictment
of a Grand Jury, except in cases aris
ing in tiie land or naval forces, or in
the militia when in actual service in
time of war or public danger." Our
law provide that a Grand Jury shall
consist of not less t'.ian thirteen nor
more than twenty-three members, the
doncurrenco of at least twelve being
essential to the finding of an indict
You are authorized to appoint one of
your members as Cleric without addi
tional pay, to preserve the minutes of
the proceedings before you, which
minutes shall bo delivered to the Pros
ecuting Officer when so directed by
you. These minutes should be of suf
ficient detail to guido you in prepar
ation of any report or repot ts you de
sire to make to the Court regarding
your doings.
You may obtain subpoenas for wit
nesses from the clerk of this Court
ebony floor.
The staitway has a very pretty, ar
tistic landing, part way up, looking
into the dining room below. At the
head of the stairway there is a very
cosy little library, with high windows
looking out onto the street.
There are many closets, built-in
wardrobes, chests of drawers, with
panelled mirrors, betraying the in
telligence and experience of a woman,
who knows viat she wants.
In addition to formal bathrooms,
both upstairs and down, there is a
special shower for rough and ready
Witnesses appearing before you may
be sworn by your foreman, or in his
absence, by tny other grand Juror. As
to the form of oath to bo administered
to the witnesses, I refer you to Rule
No. 8 of the Rules prescribed by the
iSupreme Court of the Territory of
(Hawaii, relating to Grand Juries, a
copy of which rules, for your guidance,
I shall hand to your foreman before
you enter upon your duties.
The Prosecuting Officer or any other
member of the Grand Jury may inter
rogate Witnesses appearing before you.
The Prosecuting Officer -'shall advise
the Grand Jury in regard to the law of
the cases that come before you and
draw the indictments. An interpreter
may be present at the examination of
witnesses before you, but except the
Prosecuting Officer, interpreter and
witnesses under examination, no per
son shall be permitted to be present
during youV session, and no person ex
cept the members of the grand Jury
shall be permitted to be present during
the expression of their opinions or the
giving of their votes.
All your proceedings Bhall be con
ducted in secrecy and it will be a grave
violation of duty for any grand juror
to reveal any fact or give out any in
formation concerning such proceed
ings. The sessions of a Grand Jury
are secret in order that there may be
the utmost freedom of disclosure of
crime and of discussion by you in your
deliberations. Where a charge is not
brought ebfore you in a public manner
aa by commitment by a District Magib
naie but privately by the Prosecuting
Officer or any grand juror and you find
tiio charge unfounded, it Is not neces
sary that you refer to the charge at all
in your final report.
You, gentlemen of the grand Jury,
are here, under the sanction of the law,
representing the honest and law-abiding
citizens and residents of this com
munity. It is your plain and obvious
duty, proceeding under the solemnity
of your respective oaths and the man
date of the. law, to oppose crime In all
its various forms and manifold aspects.
In whatever form crime may appear,
or wherever disclosed or detected, if
in violation of the letter and spirit of
Imr statutes, you should not hesitate
to return an indictment.
There are two ways in which a
grand jury may act in order to put a
defendant upon his trial. First, by
presentment and Second, by indict
ment. A presentment is the notice
aken by a grand Jury of any offense
from their own knowledge or observa
tion upon which the officer of the court
must afterwrrds frame an indictment
before the party presented can be put
to answer it. An Indictment is a writ
ten accusation of one or more persons
of a crime or misdomeanor, preferred
to and presented upon oath by a grand
An indictment, when found, shall be
endorsed "A true bill," and such en
dorsement shall be signed by your
foreman, whether he concur in the
finding of the indictment or not. An
Indictment shall be endorsed also by
the prosecuting officer. Before pre
senting the same to the Court, you
should rend over the indictment to be
sure that it not only corresponds to
your vote but that it is free of typo
graphical errors or mistakes which
may make a serious result in the in
dictment because you are primarily re
sponsible for it and not the Prosecut
use, with hot and cold water, which
proves to be a perfect treasure.
The front veranda as well as the
steps, front and back, are of concrete.
The plans and specifications were
made by that experienced architect
and contractor, J. H. Craig, and they
do him much credit. He set out to
furnish a good house and he has cert
ainly done It.
The construction was done on con
tract by the Hawaiian Ballasting Co.,
which has done much of the best work
in Honolulu; and they have made a
good job of it.
ing Officer. Indictments, when found,
shall, immediately thereafter, be pre
sented by your foreman, in the pres
ence of the other jurors, to the Court,
and be filed; but such as are found for
felony against any person not in cust
ody or under recognizance shall not
be open to inspection of any person
except the Prosecuting Officer and the
Court, until the defendant named
meiein snan nave been arrested. To
justify the finding of an indictment,
the Grand Jury must be convinced that
the accused is guilty, or, in other
words, an indictment should not be
found unless the evidence before you,
unexplained and uncontradicted, would
warrant a conviction by a trial jury.
You will carefully and impartially sift
scrutinize, weigh and consider all evi
dence adduced to the end that no inno
cent man shall suffer and that no
guilty person shall escape. Having
thus reached an honest conclusion,
whatever it may be, it then becomes
your absolute duty to unhesitatingly
announce the same, regardless of the
result thereof, or whom it may involve.
In this connection, you are reminded
of the solemnity of the oath whinh vr,,
have just taken, aa well as the grave
lespousibility you have thereby assum
ed, namely, that you will diligently in
quire and true presentment make nt
all such matters and things as Ehii
ue given you in charge, or shall other
wise come to your knowledge, touch
ing this present service: that von win
present no one through envy, hatred or
maiice, nor leave anyone unnrpmnioH
through fear, affection, gain, reward
or hope therefore, but you will present
all things truly as they come to your
uccoruing to the best of
your understanding; and that you will
keep secret the nrnenoHimru ho.i ..
you. This oath, although brief in its
iiuu, is comprenensive in scope
In the combination of its letter and
spirit, it embraces the sum total ot
your duties. Within its limits as here
in expressed and implied, you will pro
ceed fearlessly and unhesitatingly and
with a conscientious desire and inflex
ible purpose to perform your whole
duty as Jurors and citizens and to do
Justice to all concerned regardless of
the consequences.
Courts and juries owe it as a solemn
duty to the public to see that crime is
tmnished. Crime at all times is the
warring enemy of law and order. It is
in conflict with the essential elements
of good government and civilization.
A failure to simply grasp this essent
ial and indisputable feature of our law
in its administration in the trial and
punishment of crime would constitute
a menace to Individual and public
In a country like ours, blessed with
free institutions, the safety of the com
munity depends upon a vigilant and
firm, as well as the certain and impart
ial execution of the law, and each and
every person, be he citizen or alien
must be made to understand and con
stantly to feel that the supremacy of
the law will be steadily and impartial
ly maintained and enforced by the con
stituted authorities and tribunals; and
that liberty consistent with this en
lightened age and civilization cannot
exist under a feeble or indolent ad
ministration of its powers, where
crime goes unpunished and the law is
condemned, or where the feeling Is
made or permitted to exist that there
Is one law for the rich and another for
the poor. With penal laws so temp
erate as ours, there can be no Just
cause for sympathy with any person
who voluntarily, under any pretext, in
curs their penalties, and any failure or
neglect on the part of the Jurors to
make proper, necessary and thorough
inquiry and findings regarding alleged
or supposed violations of the law, or of
the Judges to faithfully, fearlessly and
Impartially declare and administer the.
law as it may be found, would tend to
destroy that feeling of safety and se
curity; with which the law clothes a
citizen; it would also tend to encour
age and multiply crime; and would de
prive society and the individual citizen
ot a protection to which they are legal
ly and justly entitled. Any relaxation
of a disposition to enforce the law by
those whose duty It Is to so enforce it,
would quickly bring us, individually, to
a full realization of the law's Indisput
able power and value to civilization.
You should not only inquire nto
c. Vines alleged ,to have been commit
ted, but into the managment ot all pub
lic institutions. You may investigate
the administration of any public officer
or officers of the Territory or the
County, and no personal, private or
political consideration should prevent
you from so doing. If you have reason
to believe that public money is being
squandered or wrongfully expended, by
nr.y Territorial or County officer with
in this circuit, whether through the
maladministration ot the affairs of his
office or through corruption or other
wise, it Is your duty to make a thor
ough investigation thereof. In this re
7ird It is probable that specific mat
ters will be brought to your attention
at a later date. It is within your auth
ority to examine into all Territorial
and County institutions, and no con
slileration whatsoever should deter
you in doing so should you believe
there is occasion for such investigat
ion. You have the right at all times, as
well as the power, to call for any com
petent evidence which, in your opin
ion, may throw light upon a matter
under investigation, whether It tends
to establish guilt or innocence. Truth
and justice require this. If, in the
course of your proceedings, any case
or matter should come before you in
which any juror shall be interested, he
shall not participate in the considera
tion thereof, but shall withdraw there
A Grand Jury has no power to sum
mon the accused before it to testify in
support of the charge against him, nor
has the accused the right to make any
defense before you, either in person or
by attorney, by witnesses or otherwise.
Indeed, the accused is presumed to be
ignorant of the fact that an investi
gation is being made by the Grand
Jury concerning the charge against
The hours of dally sessions will be
from 9 : 30 A.M. to 12 M., and from 1 to
4 P.M.
No grand juror can be excused for
the term except by the Court, and If
any member of the Grand Jury is ab
sent at any time or delinquent, it will
be the duty of the Foreman to present
that fact to the Court. The following
order should at all times be observed
by you in the prosecution of your
work, namely, inquire:
First: Into the case of every person
imprisoned and triable in this circuit
on an Indictable criminal charge, and
not indicted;
Second: Into the case of every per
son held under ball In this circuit to
answer an Indictable criminal charge
and not indicted;
MRS. J. A. HOGG, Prop.
Lihue, Kauai
Third: Into the wilful and corrupt!
misconduct in office, If any, of public ,
officers of every description in this cir-.
cult, except federal officers; I
Fourth: Into the condition and man-;
agement of public jails, prisons, and i
such other public offices, institutions
and places ot detention as you may
deem proper and calculated to sub
serve the ends of public justice;
Fifth: Into the violation of the
criminal laws ofthis Territory general
ly, of which this Court he s jurisdiction.
Gentlemen of the Grand Jury, from
ali appearances, thero is a wave of
crime sweeping over the country un
doubtedly duo to Idleness or lack of
employment which usually l.wla to 1
vice of all kinds, such as gambling and
stealing. In view of this situation, I !
deem it appropriate to call the matter
to your attention so that you may give
It a thorough investigation. Wc should '
let it be clnarly understood thst the (
Court and Juries of this Circuit stand !
for law and order, and will r.ot tolera e !
the existence of such conditions in th.s
Should you desire instiuctions from
the Court oe to the law relating to any
specific crime, or instructions a;; to
sny other matter, you are at liberty at I
anjf time to do so.
As Foreman of this Grand Jury, 1 1
appoint Mr. Alexander McBryde; as
Bailiff of the Grand Jury, I appoint Mr.
John Lovell.
Dated at Lihue. Kauai, this lGth day
of February, A. D. 1920.
Judge of the Circuit Court of the
Fifth 'Judicial Circuit, Territory of
For Good Roads
The United States spent last year
some $340,000,000 for good roads,
spread over some 203,000 miles of high
way, or about $1,700 a mile.
Some of the state expenditures are
as follows: California, $20,000,000;
Iowa, $20,000,000; Michigan, $15,000,
000; Ohio, $13,000,000;; Utah, $10,000,
000; Indiana, $12,000,000, and Texas,
the enormous sum ot $60,000,000. Ala
bama spent the least, $1,000,000. Many
of the 'older and wealthier States, such
as Massachusetts, Connecticut, New
York, etc., spent comparatively small
sums, presumably because of former
large expenditures which put their
roads into good shape.
Statistics show that motor cars and
road construction go together; where
thero re the most cars tere is the
most road work be:ng dom. Also that
in a measure, the returned scldicr and
road work go together. Having seen
the fine roads of France, even in time
of war, ho is ambitious tor the same
sort of thing at home.
For Brighter Lights
And Quicker Starts
Equip with the Willard Storage Battery.
Get the genuine Willard, with threaded
rubber insulation, and you'll have a bat
tery that always gives a hotter spark.
We are the only representatives of the
Willard in Kauai, and it is our business
to see that your Willard Battery is kept
in proper shape.
We have many little pointers on the care
of batteries that may be of use to vou
and we 11 gladly give them to you if you'll
drive around.
Fresh Williard Batteries
Constantly Received
Kauai Garage
, Dealers in
Hay, Grain and Chicken
Sole AgenU for
International Hock. Poultry FcmmI
and other HjKM'initii'. Arnbii' tor
cooling Iron linofx. IVtiilutiui ln
culmtoi H Hini Bruoiier.
Kino's Spkci vi. Chick Fouu
P. (J. Box 45J, Honolulu
. :- - -JEWELERS
I !
Silvhk and 'toi.n Link.
Rich Crr (Ji.ass and
Akt Goods.
Hhst Q 'AUTv Only.
P. O. Box 342 Honolulu
Wholesale and Retail Groceries
Dry Goods of all Descriptions.
General Plantation
Co. Ltd.
Stocks, Bonds,
Real Estate and Insurance
P. O. BnxNo 594 Honolulu
Phone 352

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