Hawaii Holomua, Volume III, Number 167, 19 July 1894 — Partisan Juries. [ARTICLE]

Partisan Juries.

It is eipeclf*d tb«t the eonoeila tn-dny b«ve passed a law whieh will enah'e the goTernment to c*rr>' out the infaraous policv laid down in the new “repnblican” constitntion for the establish- . ment of part san jnries. There : is no donbt tbat the great r»«j t- : ity of the poTernment supporters i possessed of some gr«in of intel-1 ligence have realized theraistike committed bj’ Mr. Hstch and I thonghtlessly endorseil by tne , convention. A prorainent raember ofthe sa d convention »d nitted j yesterdny that ! ie vot«*d for Hatch’s jory »mendiuent withont g>ving it a thought. lt was‘’aomelhinp” about jurors and conseqnently he believed th»t any proposition of Mr. Hutch wms good and proper j aod that a well known lawyerlike j the roinister would know mor« about judiciary bnsiuess thnn the lay inembers of the convention. And this view was undoobted y taken by many other deleg»tes and council!ors and it fnrnishe.s a good illustnition of theslipshod i mauner in whieh tbec<«natitntion i was framed by men who may be highly respectable iu their narrow spheres of Iife but who like all men withont mueh experience and witboot tborough education take anything coraing from a “professional” m»n as gospel. However the blunder is made and the question is how to get out of the dilerama created. We have looked over the jnry Iist now drawn and it takes ouly a cursory g)ance to see that ouly a very amall minority will be found williug to take the oath and qualify asjurors. We have no doubt that a jory eoukl be mn.de up by Americau League men or vagrants from tbe water front who nndonbtedly would be bappy to earn $2.00 a day by serving as jnrors bot nltbougb sucb a roove might suit tbe gov ernment vory well in regard to cases Kgainst political enem>es i* migbt prove objectiouable and dangerons in cases where tbe in terests of the friends nf the gnv- . erument or Mr. Hatch’s clients were concerned and in whieh in t«lligence and an average nnder stnnding would be necessary, and desir«ble. But wby not drop the provision in tbe cunstitution for tbis term «t least. Three months froiu now tbe sitnation will be ditf-r-ent «nd there will be no difficuities of tbe nature referred to. Tbe greatest oumber of cases to be tried were instituted previons to the proclamation of tbe constitut on aod tbe gigauttc br«iu of Mr. Hatch ueeds uot be very oiueh cxertfd in au attempt tu *'otretcb” article 92 a little and make it suit tbe oeeaaion. Tbe • • „ eioaing paragr«( h of that «rticle whieh we tbink ean be applied to the preseot difficalty reads: jNothing in tbis Coostitntion coutained sb»U be tbe bas a or ?ronnd for a writ of err>*r or habeas corpos or certior*ri or rubibition «*r qou warranto. nor *r an appeai in any peuding jodieiml pro«*eding, and ali pro'm bet»tofore īssaed. or whieh be ia»ned priur te> tbe day

' when this constitution sbali go ioto ttfect sb»ll be as val:d as if issued in the name of tbe Republie of Hawaii; but such writs or api'eal sball lie in respect of ali jadgerafcnts, decrees, orders or other proceedings heret«»fore raade or had or pending in the several conrts of tbe Haw.iiian : Ifdand* t in confnrmity with the, j law* in i ehen such nrits. de- j | crtf* % onier* or olher jr-ixeeding* 1 urere inade and pending. j