Newspaper Page Text
THE GARDEN ISLAND TUESDAY, FEB, 2, 1921
Evangelical Meetings
Accomplish Much
To a good many people uned to
the good, old-time revival meet
ings, the present series of evan
gelical services that are being
held on this island by Rev. R. W.
Baylcss, Rev. F. 8. Scudder and
Rev. Henry Judd, conies as a sur
prise. As one of the men who at
tended ' several of the meetings,
expresses it, "Bo much is being
done with very little fuss."
The meetings have lecn largely
meetings of individual groups
rather than what might be called
"mass meetings." This is espec
ially true of the Lihue districe.
All the meetings held in Lihne
were group meetings with the ex
ception of the union meeting held
Hunday night in the Mokihana
Hall.
- These services were started on
the Hanalei side of the island and
are continuing, town by town, to
Waimea and Kekaha. The attend
ance in the outside districts has
' been especially gratifying, and
much good work has beeti coin
pleted. Up to Sunday of the past
week, seven young women and
eight young men in Lihuc, and
three young men in Kapaa, were
won to Christianity. Most of
these yonng people Vere raised to
believe in other forms of religion,
and their conversion is especially
significant.
On Thursday afternoon an ex
ceptionally good meeting of the
Girls' Reserve was held at the
High School. Over iOO people
were present to hear Rev. Scudder.
' On Friday a number of meetings
were held in Lihue. Dr. L. L,
Wirt's appeal for the Near East
Relief was heard at all the Friday
meetings. Dr. Wirt's description
of the wonderful work being done
in the "Near Eeast" for the relief
of starving children made all of
his hearers feel that any ' help
' given this cause is certainly
help to a good, practical, every
day Christianity.
Rev. Scudder was called back
to. Honolulu Saturday on account
of sickness in bis family. So the
treetiLg: that were being held for
the Japanese, which he was con
ducting, will have to be postponed
Mr. Scudder expects to return to
Kauai in about ten days and cou
tinue the services which he was
forcedto leave. All other meet
ings are being held, however," by
-r Rev. Judd and Rev. Bayless, ac
cording to the program printed inJ
last week's Garden Island."
Ambition.
udge Achi's Instructions
To 1921 Grand Jury
The 1921 term of the 6th Circuit
Court convened last Thursday morn
ing. Following Is Judge Achi's in
structions to the Grand Jury:
Gentlemen of the Grand Jury:
You are assembled, In pursuance of
law, as Grand Jurors of the Circuit
Court ot the Fifth Judicial Circuit,
ntl the duties with which you are
charged are of the highest importance
to the due administration ot justice.
By the t Constitution ot the United
States, no person qan be held to
answer for a capital, or otherwise in
famous crime, unless on a presentment
or Indictment ot a Grand Jury, except
in cases arising in the. land or naval
forces, or in the militia when in
actual service in time of war or
public danger. No steps, therefore,
can be taken, with the exceptions men
tioned, tor the prosecu.tion of any
crime of an infamous character and
under that designation the whole
aeries of felonies is classed beyond
the arrest, examination, and commit
ment of the party accused, until the
Grand Jury have deliberated and acted
upon the accusation. Your functions
are. therefore, not only as already
stated, important; they are indiBpen
sable to the administration ot criminal
justice.
The Grand ' Jury is an institution
that had its origin im the early periods
of the Common law. It has always
been highly estimated and venerated
In England and this country, as it
has been considered aB a safeguard ot
the liberties of the people against tne
onnrnnfhmpntn and oDDressions of
political power, and against unfounded
accusations prompted by private mal
ice, personal animosity and other
improper motives. No person shall
be required, according to the funda
mental law ot the country, except in
the cases mentioned, to answer for
any of the higher crimes, unless this
Body, consisting ot not less than thir
teen, nor more than twenty-three, good
and lawful men, shall declare, upon
careful deliberation, under the solemn
ity ot an. oath, that there is good rea
son for his accusation and trial.
From these observations, it will be
seen, gentlemen, that there is a double
duty cast upon you as Grand Jurors
ot this Circuit; one a duty to the
government, or more properly speak
ing, to society, to see that parties
against whom there is Just ground to
charge the commission of crime, shall
be held to answer the charge: and on
the other hand, a duty to the citizen
to see that he is not subjected to
prosecution- upon accusations having
no better foundation than public clam
or or private malice.
Though an appendage of the Court
under whose supervision it is impan
elled, the Grand Jury is regarded as
an informing and accusing body which
makes its investigations and holds
Its deliberations in secret, and is
irresponsible tor its official action
upon matters of fact, except before
the tribunal of public opinion, it
very important that its powers, duties
and methods of procedure should be
well understood, and be strictly con
fined within the conservative and
salutary limits imposed by law, which
experience has shown to be necessary
to subserve the public good, and to
accomplish a just and Impartial ad
ministration of the criminal, law.
There is some difference of opinion
as to the extent of the Grand Jury'i
inquisitorial powers. This may be
due, perhaps, in a great degree, to
the fact that the common law is not
the same in every jurisdiction. Each
State has its peculiar social conditions
and modes ot thought, its local usages
customs and statues, which . have
changed and modified the principles
and rules of the English common law,
and influenced State Judicial decls
ions. This Territory has adopted the
common law ot England in all cases
except as otherwise expressly provi
ded by the Constitution or laws of the
United States, of by the laws ot the
Territory ot Hawaii, or fixed by Haw
aiian judicial precedent, or established
by Hawaiian usage. For a long per
iod the powers and duties ot Grand
He yearned to rise to wealth and fame
He had ambition.
He dreamed of having a great name
And high position.
He thought how fine 'twould be to rise
Above his neighbor
And reach a station where he would
. Not have to labor.
He yearned and dreamed his whole
lite long,
But Fame passed by him
And Poverty kept taxing him
With ills to try him.
Why did not kind Fate lift him up
Above his neighbor?
The reason's plain: He only y darned
He would not labor.
SomerrlUe (Mass.) Journal.
- ?? .
Real Work.
Old Hilton had strong ideas on
many things, and never hesitated to
voice them. One day he was accosted
by a healthy looking individual, who
'' begged tor a copper to buy food.
Hilton eyed the man sternly.
"Why do you waste your time beg
ging r he said, coldly. "You ought to
be working."
' The suppliant drew himself erect.
"Have you ever begged?" he deman
ded, in return.
' "Of course not!" snapped old Hil
ton,' angrily.
"Then. you don't know what work
is!" the beggar retorted. London Tit
. Bits.
:t:
8herloek Holme.
"Well, wife, how do you like your
new electric iron?"
"It's a wonderful device. I have
hn mint it all dfrr and It irons
hoautifullv" Juries were not clearly defined; and
"That Is wonderful. The electricity . it would seem, from the accounts of
was turned off today." Louisville commentators on the laws of England
Courier-Journal.
body, which not only accused, but
which also tried public offenders. It
will be seen therefore, that at common
law Grand Juries possessed very
great inquisitorial powers.
The Grand Jury is appolnf&d for the
Government and for the People, and
both the government and people are
surely concerned, on the one hand,
that all crimes, whether given or not
given in charge to the Grand Jury,
whether described or not described
with professional skill, should receive
e punishment which the law de
nounces; and, on the other hand, that
Innocence however strongly assailed
by accusations drawn up in regular
form, and by accusers marshalled in
legal array, should, on full investiga
tion be securely protected. .
Grand Juries may investigate such
ffenses as are called to their atten
tion by the Court or submitted to their
consideration by the prosecuting offi
cer; or such as may come to, their
knowledge in the course of their in-
vertigations of matters brought before
thi m, or from their own observations;
or such as may be disclosed by mem
bers of the body. .
As there is no statute or precedent
in this Jurisdiction defining the inquis
itorial powers of the Grand Jury, your
investigations are not limited to in
qulries Into crimes alleged to have
been committed, but you may look
into the management of all public in
stitutions. You may investigate the
administration of any public fflcer,
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 expen
ded by any territorial or county officer
within this Circuit, whether through
the maladministration ot the affairs of
his office, or through corruption or
otherwise, It is your solemn duty to
make a thorough investigation thereof.
For it is just as great and infamous a
crime for a public official to wrong
fully squander public funds or know
ingly permit acts of corruption to
exsist in the administration of the
affairs ofhls office, as any other in
dividual who is charged with an
indictable criminal offense. But in
making such investigations, you have
not the right to comment on any mat
ter In your report where no indictment
had been found. Your duty in that
respect terminates and your obligation
ceases upon the failure to return an
indictment
In the performance -of your" manifold
duties, the law, which is master ot us
all, shall, in the light of your con
science and good Judgment, be your
guide. The law is no respector, of
persons, and before courts and juries,
irrespective of race, color, position or
station in life, or of religious or polit
ical views, all persons stand on the
broad plane of equality. Our country
Is governed by law, and not by men,
and it cannot be said that there Is one
law for the rich and another for the
poor.
A Grand Jury is a component part
of the court, and is under its general
supervision and control, and grand
jurors may be indicted, or punished
for contempt, or any wilful miscon
duct or neglect of duty; but they are
independent in their action In deter
mining questions of fact, and no
investigation can ever be made as to
how a grand juror voted or what
opinions he expressed upon such
questions.
The prosecuting officer will appearJ
before you, and present the accusa
tlons which the government may de
sire to have considered by you. He
will point out to you the laws which
the government dooms to have been
violated, and will subpoena for your
examination such witnesses as he may
consider important, and also such
other witnesses as you may direct. In
your investigations you will receive
only legal evidence, to the exclusion of
mere reports, suspicions and heresay
evidence. Subject to this qualifica
tion, you will receive all the evidence
presented which may throw light upon
the matter under consideration, wheth
er It tend to establish the Innocence
or the guilt of the accused. And
more: if, in the course of your in-
accused Is guilty in other words
you ought not to find an indictment
unless, in your judgment, the evidence
before you, unexplained and "uncon
tradicted, would warrant a conviction
by a trial jury.
The oath which you have taken in
dicates the impartial cp'rlt with which
your duties should be discharged. You
are to present no one from envy, hat
red, or malice; nor shall you leave
any one unpresented for fear, favor,
affection, hope of reward of gain; but
shall present all things truly as they
come to your knowledge according to
the best of your understanding.
By the policy of the law Grand
Juries act in secret. The principal
ground ot that policy Is to inspire
the jurors with a confidence ot secur
ity in the discharge of their respon
sible duties; and secrecy as to the
actions and opinions of jurors upon
matters before them must ever remain
inviolable. . Otherwise great injustice
and injury might be done to the good
name r.nd standing of a citizen if it
were known that there had ever been
before you for deliberation the quest
ion of his guilt or Innocence of a
public offense.
To authorize you to find an indict
ment there must be a concurrence of
at least twelve ot your number; a
mere majority will, not suffice. Aa
indictment, when found, shall be en
dorsed "A True Bill" or ''Not of True
Bill," as the case may be; and such
endorsement shall be signed by your
Foreman whether he concurred In the
finding ot the Indictment or not. An
indictment shall be endorsed also, by
the prosecuting officer.
You may appoint one of your num
ber as Secretary without additional
pay, to preserve the minutes of the
proceedings before you, which minutes
shall be delivered to the prosecuting
officer ' when so directed by you.
These minutes should be of sufficient
detail to guide you in the preparation
of any report or reports you desire to
make to the Court regarding your do
ings
Witnesses appearing before you
may be sworn by your Foreman, or,
in his absense, by any other grand
Juror. As to the form of oath to be
administered to the witnesses, I refer
you to pag 13 of the Rules ot this
Court, a copy of which rules, for your
guidance, the Clerk will hand to your
Foreman before you enter upon your
duties.
The prosecuting officer has the
right to be present at the taking of
testimony before you for the purpose
ot giving information or advice touch
ing any matter cognizable by you.
He and any member of the grand Jury
may interrogate witnesses appearing
before you. An Interpreter may be
present ay the examination of witness
es before you, but except the prose
cuting officer, interpreter and witness
es under examination, no person shall
be permitted to be - present during
your sessions. When your vote is
taken upon the question whether an
indictment shall be found, no person
besides yourselves, should be present
The Grand Jury has no power to
summon the accused before it to testl
fy 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, witnesses
or otherwise. Indeed, the accused is
presumed to be Ignorant of the fact
that an investigation is being made
by the Grand Jury concerning the
charge against him.
The hours of daily sessions will be
from 9:30 A.M. to 12 M., and from 1:30
P.M. to 4 P.M.
No Grand Juror can be excused tor!
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 ot the Foreman to present
that fact to the Court
If there should be any doubts as to
the law relating to any specific crime,
or as to the admissibility of evidence,
Theo. H. Davies & Co, Ltd. I
HONOLULU AND HILO
Sugar Factors and Commission Merchants
IMPORTERS OF GENERAL MERCHANDISE
GENERAL HARDWARE
Builders' Hardware Crockery Glassware Silverware
Sporting Goods Fishing Tackle Firearms
Safes Refrigerators Spark Plugs
Paints Varnishes Brushes Oils
Harness Saddlery Roofing Trunks
etc. ate.
GROCERIES
Fancy and Staple Lines, Feed, etc.
' DRY GOODS
4 Shoes Toilet Sunnllea StAtlnnarr
qulries, you have reason to believe or t0 any other matter, the Grand
that thereis other evidence, not pre-! Jury should submit the question to
sented to you, within your reach, the Court for Its instruction and dl-
which would qualify or explain away - recUon8 Sucn lnqulrle may be made
the charge under investigation, it will! , ... 4 .
. T . . . " ' 4 'in writing to the Court or Judge,
be your duty to order such evidence to ;
be produced. Formerly, it was held A" foreman of this Grand Jury I
that an Indictment might be found if appoint Mr. G. F. Rankin.
evidence were produced sufficient to j As Bailiff of the Grand Jury I sp-
render the truth of the charge prob- point Mr. Enoka Lovell, Jr.
able. But a different and a more Dated at Lihue, Kauai, this 17th
Just and merciful rule now prevails, day of February, A.D. 1921.
To Justify the finding of an indictment Wm. C. ACHI, JR.,
you must be convinced, so far as the Judge, Circuit Court, Fifth Circuit,
that the Grand Jury s was at first a j evidence before you goes, that the ( Territory ot Hawaii
Ammunition
Flashlights
Greases
Suit Cases
ete. ete.
INSURANCE AGENTS
WrIUrs ot Fire, Marine, Compensation, Automobile and Miscellaneous
Insurance Policies.
AGENTS FOR f
Canadian-Australian Reyal Mail Steamship Line.-
Upon application Information will be cheerfully furnished In regard to
any of our lines In which you may be Interested.
, -
Kapaia Garage Co.
Exclusive Kauai
Agents for
U. S. TIRES
AND
c mim p
Automobile M 6 1 o r cy c I e Gas
Engine and General Repairing
VULCANIZING.
Tel. 228 - - - P.O. Box 236
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Kapaia, Lihue
WALL PAPER
CLEARANCE SALE ,
To make room for uew stock we are now selling more thau
twenty thousand rolls of wall paper at discounts varying from
fifty to twenty per cent. This is your chance to replace that
old, soiled wall paper with something bright, artistic aiid up-to-date
in every respect. - -
Call er write for samples and make your selections early.
The Borne Beautiful Department
Lewers & Cooke, Ltd.
Established 1853
Lumber and Building Materials, Honolulu '
169-177 8. King Bt, Honolulu
The last word in
Novelty Low Shoes
They are just received from the factory and are the prettiest
hoes that we have seen for a long time. Made with'turu soles,
long narrow toes and slender French heels.
Buckles of different designs to suit the individual taste.
Black Satin.. $8.50 to $12.50
Whits Satin.. 10.00
Silver Cloth 12.50
White Kid 1250 to 15.00
Black Suede t 15.00
Manufacturers' Shoe Store
1051 Fort Street Honolulu, T. H.'
e
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