The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-28

JOUn L. DOWltI On DGldll Vi l. D.
Walker, for a Writ of HabedS
Corpus. - Before JUDD, G. j.,
BICKERToN and FREAR, J. J.
OPINION OF THE Court BY FREAR, J.
The prisoner is held by the Marshal
under a warrant of arrest issued by the
District Magistrate of Honolulu, in the
usual form, commanding the Marshal
to arrest the prisoner and two others
accused of the crime of conspiracy as
in the foregoing affidavit" The affidavit
is that of E. G.. Hitchcock and is in
the usual form upon the same sheet of
paper and just above the warrant Of
arrest, the affiant swearing that the
defendant and said others, naming
them, sat said Honolulu within three
months last past were guilty of the
crime of conspiracy, by maliciously and
REASONABLY consplring and Concerting
together, and COnspiring and concerting
with others to the affiant unknown to
overthrow, and put down, and destroy
by force the Provisional Government
of the Hawaiian Islands, and to levy
war against said Provisional Govern
ment and to oppose by force the
authority of and by force to seize, take
and possess certain property Of said
Government, to wit, the Government
Building, now occupied by the Execu-
cutive Council of said Government,
contrary to the authority of the same, "
using substantially the language of
Section S, Act g. of the Provisional
Government, being an Act "To amend
Chapter of the Penal Code, relating
to Treason"
Counsel for the prisoner contends
that the prisoner should be discharged,
because (r) the Executive and Advs-
DRY Councils of the Provisional Gov
eminent had no power to pass Act 8
prior to the passage of Act 4, which
provided among other things that the
two Councils should act Jointly in the
exercise of general legislative powers;
and (2) Act 8 is void under Article II
of the Constitution of 1877, which pro-
vdes that "every law shall embrace
but one object, and that shall be eX-
pressed in its title" inasmuch as the
title of Act 3 relates to treason only,
while Section S relates to conspiracy,
and Sections and 7 to other of-nses;
and (3) because the warrant does not
set forth with sufficient particularly
the offense for which the defendant
was arrested.
The first of these points is res ad-
Jndicata. This Court has held that
the Executive and Advisory Councils
possess general legislative power by
virtue of the Proclamation of January
II, 1893, and not by virtue of Act 4. In
re Sheldon, decided March 81, 1893
Provisional Government VS.. Herring,
decided June Fl, 1898,
AS to the second point, the reason
for requiring that "every law shall EN-,
brace but one object, and that shall be
expressed in its title" is, as expressed
in Article II itself of the Constitution
'to avoid improper influences which
may result from intermixing in one anc
the same Act, such things as have nc
proper relation to each other" The
improper results to be avoided are
principally, "hodge podge," or "log
rolling" legislation, surprise or frauc
upon the Legislature, and concealmen
of the subjects of legislation from thu
people: Hyman Bros. VS.. Kapena,
Haw 10. The evil producing theSt
results is the intermiXing of such thing
as have mo proper relation to eaCl
other" If therefore, looking at tn,
reason stated in Article II itself, tn,
things covered by the law have prope
relation to each other and these ar
fairly well embraced in one object, how
ever general, and expressed in the title
it is sufficient THIS provision Of tn
Constitution should be Literally con
strued. To construe it strictly would
by hampering legislation, cause as grea
evil in one direction as was intended t
be prevented in the other direction
Says Judge Cooley (Const. Lin, Pr
I44, 400:
"The general purpose Of these pre-
visions is accomplished when law ha
but one general object, which is fairl
indicated by its title. To require ever
end and means necessary or converter
for the accomplishment of this generi
object, to be provided for by sepa
ate Act relating to that alone, woul
not only be unreasonable, but woul
actually render legislation impossible
= "The generality of title
therefore no objection to it, so long {
it is not made cover to legislation il
congruous in itself, and which by n