The Hawaiian gazette., 1888-11-20

mary proceedings for eontempt) IN
less upon indictment fully an6
plainly describing such crime Of
ofense, and he shall have the right
70 meet the witnesses who are pro
duced against him face TO face; t
/ produce witnesses and proofs in his
own favor, and by himself or his
counsel at his election, to examine
the witnesses produced by himself,
snd crosS-examine those produced
against HIM, and to be fully hesrd in
his own defence (Const, Art. n.
= No arrest of any person shall be
made without first obtaining war
rant or other process therefor from
some magistrate. except in the cases
in this chapter hereinafter pro
yided." Penal Code Chap. ~. Sec,
II. The following are the exceptions
to this rule: Ql Where one has
committed sn offense and shall en-
deavor to escape. he may be arrested
under verbal order Of magistrate,
or without such order If no magis
trate be present % One in the act
OF committing s crime, may be ar
rested by any one without warrant
(3l When 6 crime has been commit
ted, persons near the place under
suspicious circumstances may be ar
rested without warrant (4l Officers
OF Justice in 8 seaport or town may
arrest persons without warrant upon
8 reasonable suspicion that they
have committed or intend to commit
an ofense, (5I Officers of the police
or customs may without warrant
arrest persons charged with or sus-
peeted of smuggling. (6l ANY col
lector of customs has the authority
under Section 10 of the Act of 1857
to regulate Chinese immigration,
TO detsin any person detected in or
reasonably suspected of violation
of any of the provisions of this Act
and 10 hold him until a warrant of
arrest can be obtained
The appellants were at the time Of
their detention as fully entitled to
the protection OF these enactments as
any other persons within the King
dom, inasmuch as by coming within
Hawaiian Jurisdiction their persons
and property became subject TO our
laws CCIvii Code Sec. 81. The
privilege of ha5@ss o5rg.s belongs
10 all men" (Const- art 81.
The respondent, not an officer of
the Government. deprived the appel
lants OF their liberty under IN order
Of the Collector General. which order
made no criminal charge against
them. as We learn from the return in
which the respondent saws he = does
not know the cause of such re
50 far as the Court is in
formed It was merely an arbitrary 1
lrder TO the respondent to detain /
.he men without giving any reasons
therefor The COllectOr-General Is
by law to arrest without I
persons charged with or
of smuggling for purposes
Il examination By the Court having
Jurisdiction thereof (CiviI Code
Sec $50. He Is also authorized by
he Act 10 regulate Chinese immi-
ration Of 1857. Section 10. TO de-
ain any person detected IN or rea-
Onsbly suspected of violation OF /
ny Of the provisions Of this Act, and
o hold him until warrant Of arrest
an be obtained Beyond these
overs OF restraint, the law gives
I'M No authority 70 interfere with
le liberty Of any person 1t Is not
retendsd that the appellants were
et4insd by the COllectOr-Genersl
ndsr the provisions OF Section 10 OF
he Chinese immigration Act above
1Ossd- Tor Is it pretended that they
Al been tired and found guilty Of
landing OF attempting to
md under the provisions OF the said
Ct but the decree appealed from
nds. that they were rightfulIy
On board said steamship.
: H g. Houdlette. the master there
because OF the rghtful refusal Of {
e customs officers OF said port TO {
sEmit said Man Nun and All Yin 10
Id O. be landed upon Hawaiian .
lo1es-7 upon the ground Of their I
slng Chinese without permits The q
ref OF the AttSTney-Genersl does
i discuss the important question :
the Legality Of the detention fur i
~ than 30 say that il l. incident :
the statutory prohibition against d
z landing Of Chinese. and to refer 4
the cases Of Chin All SCOsy. g :
est Coast Rep 6l3, and Al Kse, I L
: lg- under the American Art Of 4
s. restricting the immigration OF c
-IBese lsb0reEz Upon examining $
sss cases. / find that IN both Of /,
En- the issue was hot whether the b
te1tIOn Rzs lawful, but whether, b
On fiuding that the detsntiOn vas b
Efal, the Court lad the authority 7,
0rdzr the deportation Of the 2
isC1E =.
l ind hJEeTeE, from thess and o.
leE American csss. that ths AMER q
z C0UE1s reo0goizs z detsntiOn BY 2
: collector q the port Or By ship 81
ser IEisT ais direction under the 70
-l5l= s-ztaEes rsztricting iulnig,s- rs
Z 10 be lawful Ihese statutes z
: the Al restricting tie il1migra- Il
z q Chinese Iz5oTers. q May 6 ID
= the Aet 10 regulate immigrs- ID
Z q Angst 2. Iss2 Ehere5y pro p
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