Kingdom's penal code made cockfighting illegal
In a
Maui
News
letter,
Derek Kauanoe cites the Hawaiian Kingdom Penal
Code regarding animal cruelty and gaming, in response to an article
about a suit claiming that raising and fighting roosters is protected as a
Native Hawaiian cultural practice and tradition. I really appreciate how Derek
cleverly finds ways in letters to the editor to relate current events to
Hawaiian law, both educating people about its evolved and progressive nature,
and subtly suggesting its continuity. Keep it up.
The Maui News
Sunday, June 20, 2004
Kingdom's penal code made cockfighting illegal
I was surprised to read "Two claim Hawaiian right to cockfighting" (The Maui News, June 10). While David Malo was cited as a source of information suggesting that cockfighting was practiced for sport and gambling, the Hawaiian Kingdom Penal Code, which continued to be in force long after Malo's death in 1853, forbade cruelty to animals and gaming.
Under the title "Cruelty to Animals," it reads: "Whoever shall cruelly beat, torment, or inflict suffering upon any horse, ox, mule or other animal belonging to another; shall be punished by imprisonment at hard labor not more than three months, or by fine . . ." The chapter titled "Gaming" clearly made gambling a crime punishable by fine or imprisonment at hard labor, in certain instances not less than 60 days.
These historical laws of the Hawaiian Kingdom lead me to believe that it would be inaccurate to claim that state and county laws alone prevented anyone from raising fighting roosters in Hawaii. It is clear the so-called tradition of gambling on fighting roosters was abandoned well over 110 years ago and was considered to be a punishable offense. Save money, do not gamble on this suit being won.
Derek H. Kauanoe
Honolulu
Sunday, June 20, 2004
Kingdom's penal code made cockfighting illegal
I was surprised to read "Two claim Hawaiian right to cockfighting" (The Maui News, June 10). While David Malo was cited as a source of information suggesting that cockfighting was practiced for sport and gambling, the Hawaiian Kingdom Penal Code, which continued to be in force long after Malo's death in 1853, forbade cruelty to animals and gaming.
Under the title "Cruelty to Animals," it reads: "Whoever shall cruelly beat, torment, or inflict suffering upon any horse, ox, mule or other animal belonging to another; shall be punished by imprisonment at hard labor not more than three months, or by fine . . ." The chapter titled "Gaming" clearly made gambling a crime punishable by fine or imprisonment at hard labor, in certain instances not less than 60 days.
These historical laws of the Hawaiian Kingdom lead me to believe that it would be inaccurate to claim that state and county laws alone prevented anyone from raising fighting roosters in Hawaii. It is clear the so-called tradition of gambling on fighting roosters was abandoned well over 110 years ago and was considered to be a punishable offense. Save money, do not gamble on this suit being won.
Derek H. Kauanoe
Honolulu
Posted: Sun - June 20, 2004 at 11:06 PM
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Published On: Dec 27, 2005 10:15 PM
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