The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-04-01
SHELDON RETURNED TO THE
MARSHAL'S CARE.
Full Text of the Decision BY
the Court In Bauco.

buc sCupIcIiIe NOuIL HAS DSell SOuit-
what retarded But the Judges are
now hard at work and viii soon
catch up with all the matters pend
ing before them. Yesterday after
noon they rendered decision in
the matter of J. G.. ". Sheldon, APP
plication for writ of Habeas Cor
pus, which came before them on
appeal from decision by Judge
Frear. The particulars of the case,
with arguments by counsel, were
fully reported in the ADVERTISER at
the time. Judge Frear rendered
decision sustaining the Govern
ment, and the full Court have en-
dorsed him. The following is the
full text of the decision
OPINION OF THE COURT PER JUDD, CD.
This case comes to us On appeal
from decision Of Circuit Judge Frear,
filed February oath last. Since that
date Judge Frear has been appointed
rs a Justice of this Court.
A writ of Habess Corpus was issued
out of the Circuit Court upon the petit
ton of G.. G. Kenyon, on behalf of J.
&. NJ. Sheldon. II was directed to the
Marshal, w. @. Ashley, who made re-
turn as follows:
"W. &. Ashley, Marshal of these
Islands, makes return of said writ az
follows: That he holds the body of
said John G.. 81. Sheldon by virtue of
n warrant of arrest issued by the Hon.
Sanford B. Dole, President and Chair
man of the Executive and Advisory
Councils of the Provisional Govern
nent OF the Hawaiian Islands, and by
the order of said Councils, on charge
OF being guilty of contempt of said
Councils, copy of which is made a
part hereof Wherefore he prays said
writ of Habeas Corpus may be dis
missed and that said Sheldon who is
here produced in Court may be re-
manded to the custody of the under
signed. "W. G.. ASHLEY,
Honolulu, marshal.
February 18th, 1898.
"(Copy.)
provisional Government of the Ha-
waiian Islands.
Warrant of A Frest.
a
ands, or his deputy, greeting:
''You are commanded to arrest J. G..
NJ. Sheldon, editor of the newspaper
called the Hawaii Holomua, of Homo.
lulu, and have him before the EXecu-
tive and Advisory Councils of the
Provisional Government of the Ha-
waiian Islands, at the Council Cham
Der, in said Honolulu, forthwith; to
show cause why he should not be
punished for contempt of the said
Councils.
"Given under my hand this 18th
day of February, a. ID. 1898.
fSig, stanford p. DOLE,
President and Chairman of
the Executive and Advi-
sorry Councils of the Provi-
sional Government of the
Hawaiian Islands.
Executed the within warrant OF
arrest of the person of J. Ct. NJ. Shell
don, named herein, the 18th day OF
February, A. d. 1893.
CSig.l wv. G.. ASHLEY,
Marshal.
"A true copy.
ATTEST:
"W. Ct. ASHLEY, Marshal"
There were no further pleadings il
the case and no evidence taken. 1
was urged on behalf of the petitioner
G. W. Ashford, counsel, that Sheldon
should be discharged because the war
rant set forth in the return Is invalit
and insufficient. 1t is invalid, say
counsel, because the Executive AM
Advisory Councils of the Provisional
Government had no power TO auth
orize the issuance of the warrant, ant
1t is insufficient because, though sign
ed by the Chairman, it does not ap
pear that the said Councils had auth
oriZed its issuance, and because it doe
not specify the grounds OF arrest, tina
Is, the nature and particulars of tn
alleged contempt.
From an inspection of the warran
it is evident that it purports to b
issued not by court of judicial char
acter, but by body exercising legis
lative functions. But it is urged b,
petitioners counsel that legislafiv
bodies under written constitution
have no implied authority to punis
generally for contempt, and the Prov
sionaI Government is one of Unite
authority, having limited itself to til
Constitution of 1887 and the Proelama
ton of the 18th January, 1893, and 5
the Executive and Advisory Council
had no Legislative authority to pas
the Act 10, which eonfers by its term
authority upon the Councils to punis
for contempt. We answer that th
Provisional Government having take
possession of all Government propert
and according TO its Proclamation hay
ing established itself as the Govern
ment of the Hawaiian Islands, abrC
eating the monarchy, it is the d
fTctO government If ia the (r0yprI
ment and the only government no.
existing in the Hawaiian Island
The Courts of this country are not &
liberty TO discuss the question of til
legal existence of the Government
Wnlcn they form part, and the law
or which they are called upon to az
minister
Are the Executive and Advisor
Councils sitting together a Iegislatiy
body? On this point we adopt IL
argument and conclusion of JUDI
Frear IN the decision appealed from
as follows
"Ihe Proclamation promulgated {
the nth of January, 1898, provid
section 81 that the Provisional Go
eminent snail consist of an Eyeeuti,
Council of Four Members wi
snail administer the Executive d
partments of the Government y $
according to existing Hawaiian La
as far as may be consistent with tt
froclamation; and also of an ADJ
sorry council which shall consist
fourteen members and that sSu
ADVISORY Council shall also have pe
erai legislative authority. Tt ia cc
tended by counsel that under nj
provision the Advisory Council 60
has Legislative power, and that
fNyA