The Hawaiian gazette., 1888-11-20

1 IRStSu Honolulu. Nhct, - IoSo,
DISSENTING OPINION RI NJ, JUSTICE
DoLE-
Ii appears from the records in this
case, that on the return day of the
writ, July SlSt, II. {. Houdlette. the
respondent, the appellants, their
counsel, snd the Attorney General
were present in Court The respond
ent filed his return 10 the writ, and
the Acknowledgement fled docu-
ment entitled. Supplementary re
turn by the Attorney-tieneral,n and
prefSeed by the following para
graph And now comes c. w.
Ashford. Attorney-General of the
Kingdom. snd on behalf of the Ha-
wsiisn Government, by the leave Of
the Court, mSkeS this return supple
mrntsry to thSt made herein by H.
c. Ho0dlstte, the respondent named
in SSid writ" From this il is eleSr
thst the Acknowledgement INTERVIEWED
in the case in his efiicial cSpScity.
BY Section 10 of the Hasols Cergas
Act. he is authorized To do so only
when the petitioners sre imprisoned
on s criminal accusation. which is
not the fsct IN this csSe- Section Is,
which allows third p2rties interested
IN the detention. 10 be heard, evi-
IDENTIFY does not intend to include she
Government, u being provided for
by Section 10. already referred 10. /
SIN sble TO ooncede. however. that
fsir argument msy be made upon
the wording OF Section Is in favor Of
The right Of the Government To be
heSrd. But If the Attorney General
Is properly in Court, he Is not au
thoriEed thereby 10 fle q return, he
Is merely there ST most, TO be heSrd,
snd possibly 10 put in evidence.
The statute Is explicit upon this
point The person 10 whom the writ
Is directed shall mzke the return
snd It shall be signed by him. and
sworn to. unless he Is a sworn public
officer. making the return in his
o&ci2l capacity, which can only
mean public officer TO whom s writ
Of Asssszs aarpzs Is directed; moreover.
the Attorney Generals return Is nei-
ther signed nor sworn 70; Is. there
fore, seems proper to leave it out Of
the consideration Of the case aItO-
gether
The return by Captain Houdlette
wzS explicit according to the require
nants of the statute, which are that
5 person to whom the writ Is di-
,eekei shall state first. whether ne /
has OF has not the party mentioned 4
u the WIT IN MS custody; second, If 4
ae has he shall set forth the author
IN, the time and the cause of the
the imprisonment with 3 copy OF
suy process Or warrant under which (.
he party Is detained The return
states, that he mas the within
1smad Man Nun and All Yin IN MS
.ustoiy, by virtue Of sn order Of the !
Collector General Of the pert Of do
lolRlU. who has ordered respondent
o hold them that respondent does
los know the cSGse Of such restraint 4
m does not hold them under any
lEucass OF wsrEznt-7 This return.
,pon being fled. became evidence II
he case. by the provisions Of the (
tzt1ta- Testimony Ezs taken by
Il Court. which N Nd wise reb1tted /.
he return D0r vas II any way r.
ponsiFs TO IL The gist Of the eyi-
lsaee wzs- that the prisoners had
.eysr been in the Hawaiian Islands
e:o-e- that they had purchased per
HIS al the Hawaiian Consulate IN
long Kong. which had been origin
liz issued to Oahsz Chinama1- and
hat these permits had been qiae5 by F.,
h Hawaiian C0ns1ls 81 Hong Kong
ID San Francisco.
The question which must decide
rs case - w9s the Imprisonment
, Captain HgGdle5ts. Of the prs
1ars- o1 board the steamer AustTa-
l. Iegslf Ii the proper suswer to
IL question L a Affirmative one.
. ordsx appealed frUm ulst Be
zsts1nsd= If negative one. the sP
siIsrts ara entitled 10 be discharged
fz1d O1 Hs5a.a CqrgEs, 2g3
l sEree with tbs uzjozIty u the I
ONT that the Hawaiian Legislz-
Es has the right 70 enact lsEs- 1ot
-cllsls5eut with 01r treaties pro Z
biting f0rsIg1ers tr0n eufeEIng the 1
l1ltry= but The DsEs enactment Of :
uEohi 5sEE11 does Mt s1th1EIze any =
(. @ even any officer Of GJT=En- ).
au5- 10 cary Il ITO eEs-1 Peg y
1sI Liberty Is z matter Of great and !.
.Zsi importance and the laF vii L L
i t0lsEzls Interference sI1h II bF =
Iun1se,s- however Jealous and !.
s7rI1dIc 1LEE E1tlTes lzF BE- Il Z
grzr341 By e51=1itLfEsnsl znd / Z
s1ut0EE e1se5Eel-s which ere the =
ss=c551n aid The fruit u ceuEIriss Z
struggle Ii nay only be II q
.Egsi by d1s process q law 1 z
Es1n nay be restrained q ms lib
~ bT legal p-ocaS urdsr Z cEIn- q
q s.oczss75ol f1r the purpose q &
: trial u sleh Eac1zzEE0n- AID Il Il
y Be mpls1nad b. legal process Il
n c1nTlcz551 a : GIuI1zI q "
-se- q rEs s1tEs9EIzs1 p1El=hue1s Z
z-soE hui D0Ehe1e L # zII0Es5 4
Il IN should BE- restrained d hIs u
szrsy Ei5h.szt process q lsE. q +
q : p11I=hIeut FIR Il n