The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-07-16

OH the 5tH july the IOIlOWluS
writ was sued out of this Court
against the Marshal:
Whereas a petition for a writ of
mandamus has been filed by Fong
Zee in our Supreme Court alleging:
/. That Chinese person by the
name of Lau Cheu, (Low Chow a
resident of Honolulu and doing
business as a shoemaker, is indebt-
ed to said petitioner upon a certain
promissory note for eighty-five dol
lars, made by said Lau Cheu at
Honolulu upon the first day of JAM
uary, 1892.
2. That said petitioner brought
an action upon said note in the po-
lice court of Honolulu and filing his
bond with the summons which was
duly approved, procured an order
for the arrest of said Lau Cheu, the
defendant, upon the allegations
duly made that said defendant was
or is about to quit the Kingdom.
3. That said defendant Is now
and at the time said suit was filed,
was upon the ship or vessel called
the "Transit'' which was here and
now is lying in the harbor of Homo
lulu and within the Jurisdiction of
the said Police Court, which vessel
is about to depart from Honolulu
for ports unknown to said petit
| toner.
4. That said process was placed
in the hands of Charles 3. Wilson,
Marshal of the Kingdom, for SER
vice; that said Wilson has refused
to serve the same or to arrest said
defendant, and has made o return
upon said process that said defend
ant is not within the jurisdiction of
the courts of this Kingdom.
S. Said petitioner is informed
that said Wilson pretends that said
Lau Cheu is a Chinese person COM
ing on said vessel from ports beyond
the Hawaiian Islands and is MOI
entitled to land in the Kingdom.
6. But said petitioner alleges
that said Lau Cheu in fact is a resi-
dent of this Kingdom and was
when said note was made and has
ever since continued to be such resi-
dent, and left Honolulu upon the
bark Sonoma as a stowaway on or
about May Goth, 1892, upon his
voyage to San Francisco, without
procuring passport as required by
the law, and as said petitioner be-
lieves for the purpose of avoiding
the payment of his debts; said pc
titioner further alleges upon inform
alton and belief that upon arrival
in San Francisco said Lau Cheu,
without landing, was transferred
from said bark Sonoma to the said
vessel called the "Transit' to be
returned to Honolulu, and praying
that writ of mandamus may issue
out of this honorable Court, under
the seal thereof, directed to said
Marshal, ordering him forthwith tC
execute the process of said Police
Court and to arrest and detain said
Lau Cheu and to produce him be.
fore the said Police Court, there tc
abide such judgment as may be
made in said cause.
Now therefore you are command.
ed forthwith to execute said war
rant of arrest and to produce said
Lau Cheu before said Police Court,
to abide by such judgment as may
be rendered against him, or show
cause before the Justices of our Su.
preme Court on Monday, the 18th
day of July, A. d. 1892, at $3.50
O'Clock, A. NJ. why peremptory
writ of mandamus should not issue
against you.
The return of the Marshal is as
follows:
And now comes c. B. Wilson,
Marshal of the Kingdom, respond
ent in the above entitled cause, and
makes return to the petition and
writ and to the matters therein
contained and alleges and shows
cause thereto as follows:
1. That the matters and thing:
set forth, alleged and stated in the
petition are insufficient in law to
allow the peremptory writ to
issue.
2. That the person Lau Cheu is
not within the jurisdiction of the
Marshal to arrest as prayed for in
the petition as appears by the petit
ton itself.
8. And further that Lau Cheu OF
Low Chow is Chinese, a native of
China; that he is not resident OF
this Kingdom and is not within the
jurisdiction Of any process of this
Kingdom; that the said Lau Cheu
arrived at the port of Honolulu
lately on board the vessel ssTranslt''
without the permit to land required
by law to be possessed by Chinese
persons; that Lau Cheu is detained
on board said vessel and refused
permission to land in this Kingdom
by the Collector General of Customs
OF the Hawaiian Government on
the ground that Lau Cheu was q
Chinese coming from abroad with
out any permit required by law for
him to enter this Kingdoms; that
Lau Cheu is not legally or lawfully