The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-03-16
SUPREME COURT TO DEFINE
POWER OF COLLECTOR.
If the Decision of the Custom House
People Is Final, Then the Japanese
Have No Standing in Court.

Between noon today and 10 O'Clock
tomorrow morning the fate of the Jap
anese immigrants now at the Quar-
antine station may be decided. The
Supreme Court has been asked to give
ruling on the question as to whether
the decision of the Deputy Collector
General is executive and final, or
whether, under the law, it may be re-
viewed by the courts. If the Court
declares that it is final, then the hab-
eas corpus cases have no standing in
court, and the japanese must return
by the steamer on which they came.
If, however, the Court decides that
it has the right to review the decision
of the Deputy Collector, the case will
be reopened, the necessary evidence
presented and arguments prepared and
presented on various other interest
ing points in the case. So the matter
stands just now, and the Court has
taken until tomorrow morning to look
up the authorities and render deci-
sion.
When the Supreme Court met this
morning the court room was, as be-
fore, crowded to the doors, and the
greatest interest shown in the case.
There was enough wrangling and
sharp talk between counsel to enliven
the otherwise dry proceedings, and,
on one or two occasions, the Chief JUS
tice was compelled to pour oil on the
troubled waters" Particularly when
Mr.. Kinney undertook to give voice to
his personal views on the interest of
the Government counsel in the case,
the Court rebuked him rather severely.
Attorney Kinney argued that the
treaty existing between Hawaii and
japan had been expressly violated by
the Government when the japanese de-
tained by the Collector General at the
Quarantine station had been refused
counsel or even communication with
their friends on shore. The investiga-
! ton, counsel said, had been conducted
secretly, not even newspaper reporters
being permitted within the star
chamber. On this one point, counsel
said, he was willing to submit to the
! Court that the matter had been
brought within it's jurisdiction. Mr..
Kinney referred briefly to the demand
made on him to show his authority
to act for the Japanese. He said that
it was necessary for him to sign the
writ, because the Japanese could not
have opportunity to sign it; and then
in English law courts, it is a common
and desirable practice.
Attorney Ballou read from mum
ber of decisions in support of Mr.. Kin
ney's arguments, emphasizing and re.
peating the arguments himself.
Attorney General Cooper took the
position that the Japanese had nc
right to claim treaty provisions until
they had actually made landing in
the Hawaiian islands. They are TO be
considered as still outside the harbor
and therefore have no right to claim
anything of the Hawaiian Govern
ment. Several points of less import
ance were also argued by the Attorney
General.
Mr.. Magoon argued at some length
upon the question of refusing the Jap
anese counsel at their examination
aboard ship. He suggested that there
was place to apply for relief in case
the Japanese were refused counsel.
Attorney Kinney admitted that the
japanese are not to be considered as
being within the island, but yet con.
tends that they had right to have
counsel, under the treaty, and the fact
that they were not permitted to have
counsel, constituted violation of the
treaty by the Government, and rend
ers it matter for the Supreme Court
to look into.
The case was partially submitted OF
the question of jurisdiction of the Su
preme Court and the Court took re
cess until 10 o'clock tomorrow morn
ing, when, in all probability, it viii
make ruling.