The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-03-15
HABEAS CORPUS CASE BEFORE
SUPREME BENCH.
Little Progress Made This Morning
and Spectators-Lega Tits.

Certainly the most important matter
that has enlisted the attention of the
Supreme Court of these islands for
many terms was taken up by that trib-
unal this morning. 1t was the open
ing of the March term, but all the
cases on the docket were lost sight of
save the japanese habeas corpus cases.
The ventilation of the serious trouble
that has arisen by the refusal of the
Collector General of Customs to per-
nit the landing of some sos immi-
grants brought to this port by the
Shinshiu Maru, was taken up in earn
est this morning. A great deal of legal
fighting was participated in and
shortly before noon the court took a
recess until 1880 o'clock to determine
whether or not dilatory motions of
counsel should be allowed.
Before the bailiff raped on the table
telling that the time for the opening
of the court had arrived, the court
spicuous spectator during the proceed
ings was japanese Diplomatic agent
and Consul General ii. Shimamura and
his secretary. They occupied chairs
just few feet away from the table at
which Kinney d Ballou, the attorneys
for the Japanese immigrants, were
seated. Collector General Castle and
Marshal A. NJ. Brown were near the
Governments counsel, comprising
Minister Cooper, ex-Judge Magoon and
w. r. Castle.
Along the railing just inside of the
bar sat fair representation of Homo
lulu legal lights, including Cecil
Brown, A. S. Humphreys, Paul Neu-
mann, Alex Robertson, George A..
Davis, Judge Wilcox, Lyle A. Dickey,
S. n. Kane Mr.. Kalua and others:
! Col. Gilbert f. Little and w. S. Wise,
Of Hilo, were also interested spec
tators.
Another interesting spectacle to the
employees about the Judiciary build
! ing was the sight of so many Japan
ese in attendance of court. They oc-
cupied every available seat and great
many lounged about in the hall pa
tiently waiting for some development
in the cases of their fellow country
men. Out of the entire number of
japanese in the courl room, there were
not over half dozen that understood
one word of the proceedings.
Kado Ukichi and Tatsu, the two
japanese, one a student" and the
other contract laborer, who have
been selected by the Collector General
of Customs, as the subjects of test
cases, were also interested and much
mystified spectators.
From the very beginning of the case
a lively legal debate ensued among the
attorneys. A feeling of fear that the
other side might gain point of want
age manifested itself and continued
throughout the morning.
In opening the Governments side OF
ton requesting Kinney G. Ballou tc
show by what authority they had
signed the petition for a writ of hab
cas- corpus for the japanese immi
grants. Before filing the motion Mr.
Cooper began arguing on certain mat
ters pertaining to the case, when he
was Interrupted by Mr. Kinney who
insisted that the Government should
make some motion before arguing any
point connected with the case. Where
upon Mr.. Cooper made an oral motion
to show authority. Mr.. Kinney insist
ed that it be made in writing.
A short recess was taken while the
judges held hasty consultation over
this point. When they had finished
petition for writ of habeas corpus
filed by the counsel for the japanese
immigrants was in their hands, the
motion was perfectly proper. The
court asked that the motion be made
in writing, whereupon the Government
complied with the request, Mr.. Ma
goon writing the motion.
motion was then made to quasi
by the Governments size, which in
volved considerable discussion, il
which great number of authoritie
were cited.
Mr.. Kinney, for the japanese immi
grants, insisted thai the pleading
were not complete. He contended tha
the Hawaiian statutes made it manda
tory for the peoples counsel to max
: return. The court had no informa
tion that the contentious of the jap
anese were true nor did the cour
know whether the body of the peti
TONERS were in court. He said tina
!, the Governments counsel was al
tempting to sound the court on i'm