The Hawaiian gazette., 1893-07-04
Argent % Csu=en sa tae Writ sr
Eab=A. Corpus-
From Daily. June IS

- D. " 11kEEr a. y sc>- CA.>cs 7" -
n,z6s resurn2hle before the supreme
bench AZ I=sq ?. II There were but )
dozen o. 20 present beside attorneys
r and newspaper men when Chief Jus
tIee Judd and Associate Justices Biek-
e-run 4n6 FrsAr took their sests 81
twenty-five minutes to O'Clock
Afts- ) short delay Judge H2rtveIl
appeared On behzE Of the attorney
general and announced he wss resdy
70 proceed with the case
lTr- 7. 3. Watksr was brought into
court 5y Marshal Hitchcock. He
vzs neatly dressed IN : gray business
-S-it zud sagntered easily to the seat
shs marshal pointed OF near Mr..
Crs=Eh-ou's table
Judge HzrtwsIl rsad the PAPERS IL
he case and Mr. Creighton aruse
zud said
1Isy it please your b0cors- In con
STEERING this case there Sre several
points 20 Dc discussed The fIrSt and
ue-hzus most important OF these l.
whether or not re are setting Gud
living under i constitution now IN
force in this country II 80 which i
fe-the constitution q l>S7 or the
PROCLAMATION inside By the PrUTis-
51usI government On January L.
1888 The Provisional government
r-Ufsssed 20 exist a. government de-
fzer1. holding IN force aI iET not col
-iietiuz with the proclamation Read
The pcocIauzti0n-l The Provisional
.-0rzru uleu- VS. organized 20 secure
1uuexzEieu 10 the United states q
America. aui he wished 90 lay special
stress upon TIE point that the only
power the present government h4S /
70 Preserve the peace aud quI6E Of the Is
Lz1eSs under the existing laws aUst thSt
uorti0u q the Constitution Of 1857 not
conflicting. The government could
not commit any act lawfully which
eoufficted With any constitutional
u-iuetuIe- he rights Of personal lib
ertT snd the privilege Of bail fell
under this had
Chief Justice Judd asked If the Con
stfrutfO1 q ISS7 granted bail IN cases
Of this eLzss.
NJ. Creighton said 70, but set up
the Plea that the personal liberty Of
the citizens could not Be iuterferEd
With He claimed the liberty Of
sueech Ezs not 1bridZ ed sy the Con
s1itutiOn-
Mr.. HzrrEeII said that - the repre-
sentative Of the stt0ruey-general- he
Eishe.f 20 know Il Mr.. Creighton was
right II alleging that personal liberty
zrzd free speech hzd been abridged
without o1fsriuZ any proof
Continuing Elr. Creighton said the
Old Constitution Vas still IN
force Later he would quote
judge Cooley On constitution lsT
from an article IN the FOrUm- The
Provisional government had taken Oh
certain powers which iEe01id not low
exceed This would form the chief
basis q his argument He quoted
article q the constitution Of ISL re-
Lztfnz 70 the right Of liberty, safety
znf hzupfuess- This, he claimed.
covered the present case and made II
bafIzbIz- This WIS certainly 80 until
set = T-zs passed by the Provisional
,oTEruEeur. He held that the dis
eretiou placed with the attorney
general on the question Of bail, under
zE1 3. Eas unjust and absurd He
quoted. further, articles 8 aud 3 Of the
Constitution, and eIzimsd that they
bore Urou the c4=e AZ bar These pro [
vide that al persons without dis
EinetI11. shall be entitled TO certain [
rights the Ei2fIt Of bail ISoue Of these [
and should be granted his client He /
held that act = applies % political /
charges This was dzplorzbie. The /
attoruev-EeuerzI had admitted this !
much Allowing him such discretion |
II the matter OF bail was, putting 1t I
TsrT mildly extremely unfortunate {
Il wOuId be different Il the court de- [
eEdef uu0u baiIzrie Gffsuses Of this I
nature But the attorney generals I
deciding VA altogether different Z
he Was member y q /
political cabinet and Ezs there 70 l
Judge his political enemies Eh=1 Il 4
cane % = question q bail IN their /
.4se- S1eh 3 curse Was contrary 20 1
The sp7rTz and usage Of the American I
and ElzIish constitutions II should I
not b sa1eticnsd here II plsees the 4
ques1i01 u hail IN the hands Of the A
stto-rey general. and takes Il out Of 4
the power q the court 70 dscide-
He WsEed % eau attention u act 4
= section ;, under which be under
eIsl rad portions q act ,, which he 4
claimed urEteuted 20 amend the Law 4
u trsas7a u Isg This auenfat0ry 4
Al Vas in q peculiar petition He I
Claimed the zmeudmsut could not 4
es5Ter o1Feusss which were not IN sE-
fzcenzz AZ the tine the original act vas
passed
Anothsr point he had expected 10
-
rad Just been deeiiei BY this e0aFl- he
merely zeuEiOls4 II IN passing.
The fundamental point was under
rEhieh constitution are Ne IT1ng-
This p1lns mg=t Be decided first II
Ne are not Under constitution then
The Provisional gDFeFument can do
anythIng and Pass any act
he argued that Act 3 csHfainefi