The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-28
WEDNESDAY,, JUNE %, 1898.
THE HABEAS CORPUS CASE.

last January, the Provisional Govern
ment has no power to do more than
keep order until it secures annexation
and to administer such laws as are not
monarchical
That the Provisional Government
had no right to make bail depend on
the will of the Attorney General, or of
any one but a Judge To make bail
depend on the sweet will of a prose
cutting officer was opposed to all con
sttutional right, was more than the
Gar of Russia can do, and what can
not be done in any civilized country.
That the Constitution Of 1887 is now
in force, or else we are living under a
despotism.
That, according to Judge Cooley the
Provisional Government is established
merely for a temporary emergency until
a permanent government can be
formed, and that it has no right to
make laws like that under which de-
PENDANT is held.
That the Act of the Provisional Gov
eminent under which the defendant
was arrested does not express all its
objects, and is therefore opposed to
Article II of the Constitution of 1851
viz:
"Article II. TO avoid improper
influences, which may result from inter
mixing in one and the same Act, such
things as have no proper relation to
each other, every law shall embrace but
one object, and that shall be expressed
in its title"
That the warrant of arrest is de-
fective, because it fails to set forth the
charge.
Mr.. Creighton enlarged on the wrong
that was done to the defendant by
holding him in Jail on a mere political
charge, and giving his political OPP
ponents power to keep him behind iron
bars, and deprived of the society of his
family and friends, and closed by an
nouncing that the important question
to be settled is, Are we living under
any Constitution or not? If so, the
Constitution of 1887 is in force 1t is
time to call halt in the way the Pro
visional Government is legisIating.
Mr.. Hartwell said that in order to
decide whether strong language is
justified by the facts and the law of a
case, it is essential to learn what the
facts are, and what the law is
Defendants counsel claims that the
Hawaiian Government which now
exists, which is the only one which
exists, and is the Government which
alone protects the lives and property of
all persons in this country, has no legis-
lative functionsl 1t is the first time in
history that it has been claimed that
any civilized Government does not in
clu de legislative powers in its ordinary
functions. No matter what that eX-
cellent man, Judge Cooley, with his
evident lack of knowledge of facts, may
think or say, the Hawaiian Govern
ment is a Government with legislative
functions, and the court decided this
in the Sheldon case. 1t is absurd to
say otherwise.
This is not question of politics, as
defendants counsel, and as many other
persons in this community appear to
regard it. 1t is a misnomer to call
treason and reasonable utterances
politics. The disputes between politi-
cal parties in times Of excitement often
are very heated but they never call
in question the existence and right Of
existence Of the Government under
which all political parties exist, and
which all persons are alike bound to
protect and support.
1t is high time to call halt in such
reasonable talk The complaint fully
states the ofense in the words of the
act of the Provisional Government.
That act is not opposed to the require
ments of Article II of the Constitution
of 1887.
The Hawaiian Government is to-day
carried on as the Government Of the
British Empire is carried on, upon con
stitutionaI principles, in accordance
with the proclamation Of January II
last
1t is not for the defendant to com
plain that the Government has reduced
the death penalty Of treason and has
allowed one accused of a reasonable
ofense to have bail if the Attorney
General consent. The law formerly