The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-16
THE COURT HEARS ARGUMENT
First Day of Proceedings
Under Habeas Corpus.
Morning Hours Spent in Motions
sci Argues in Afternoon.

| If the fate of the whole Japanese
colony in the Islands had hung in the
! balance, no greater interest would
| have been shown in the habeas corpus
case now pending in the Supreme
| Court, and no more representative
| been present than was gathered in the
Court room yesterday morning when
the petition of Taku ct AL, free labor
ers, was called. The room was filled
with spectators. Japanese predomi-
mated of course, and, judging from the
expression of their faces, one might
easily suppose that every one of them
understood perfectly we'll what was
being said. They took the keenest in
terest in the various motions counter
motions and objections in which the
opposing attorneys indulged, prelimin-
ary to arguing on the question at is
sue. They may have had their doubts
as to what it was all about, or they
may have entertained some fears lest
their countryman, Taku,/ would be
translated before their sight.
Prominent members of the bar were
there, also. The case had interest for
them as well. 1t is not often that the
question of the right of the Japanese
TO enter the country is raised in Court.
There were laymen there, too, some of
them men who are interested in the
welfare of the Islands, and in one way
the case before the Court has a bear
ing on HaWaii's future.
The case was on all day The morn
ing was occupied by the discussion of
points preliminary to the main issue
In the afternoon the question itself
was argued. The Court adjourned at
o'clock to this morning, when the
argument will be continued The full
bench was present. Kinney & Ballou
and A. M. Robertson appeared for the
petitioners; w. r. Castle, J. A Magoon
and w. S. Edings for the Collector
General, and Mr.. Cooper, Attorney
General ad interim, as intervenor.
Taku, one of the Japanese laborers, |
represented himself and the other la
borers. who by stipulation, were al |
lowed to be absent. The Court opened |
at 10 o'clock
Mr.. Kinney read the petition, signed !
on his behalf and on behalf of the |
others, by Mr.. Ballou, as their coun- |
sci. Mr.. Cooper at once made the |
point that Mr.. Ballou, who signed the |
petition, had not shown his authority |
to do so. He moved that authority be |
shown. Mr.. Kinney objected, and |
moved that the motion be reduced to |
writing. This was ordered by the /
Court. Mr.. Cooper argued that he had |
a right to move to quash or to dismiss
the writ, citing authority for his argu- |
ment Mr.. Kinney denied the right |
and argued that nothing but q return |
of the writ of habeas corpus should |
contain all the defense of the Govern
ment whether in the nature Of de- |
murrer or in the nature of an answer |
on the merits of the case.
Mr. Cooper then began to argue the |
case, claiming that he was not com |
PEELED to make q return until he had |
argued the preliminary motions. He
said that a decision of these motions
was necessary before the return TO the |
writ was necessary. MI Kinney moved |
the consolidation Of the three or four
preliminary motions already made |
After a consultation the Court ruled |
that all preliminary motions, as well |
as merits be heard at once in order to |
expedite matters, as it would be very
easy for counsel to amend and include |
them in the return.
Mr.. Kinney again objected
He expressed doubt as to expediting
matters, because the pleadings were
not complete, and the issues of law
and fact were not definite.
The Court said that it wished TO
hear the points of the intervenor for |
the Republic. Mr.. Cooper read the mo-
ton in Intervention. The petition
showed that the petitioner was an
alien, that the Deputy Collector had
made his decision and no appeal had
been made to the Collector General,
whose decision is final, and that there
fore the decision of the Deputy was
final. He therefore moved that the
case be awarded to the intervenor.
Mr.. Castle argued, on the question