The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-03-18
SUPREME COURT
Decision Handed Down RHmanding
Japanese Immigrants.
FREE LABORERS WERE ALIENS.
Cannot Change Decision
of Collector General.
FREE LABORERS WERE ALIENS.
Proceedings of Collector Are OF
Executive Nature-Act Does
Not Discriminate.

The Supreme Court handed down a
decision yesterday morning in the case
of Taku ct al, free laborers The
Court room was crowded at 10 o'clock
when the Court convened, and the
interest was intense. The decision dis
missed the petition in both eases and
| remanded the petitioners.
The opinion is prefaced by the in
corporation of the petition, signed by
5. M. Ballou, to the effect that the
petitioners were qualified to enter and
locate in Hawaii under the treaty now
existing between the Emperor of Japan
and the Republic of Hawaii The pc
titioners represented that they had
bona fide possession of not less than
$50; that upon their arrival they were
severally examined by duly author
lied inspector. They further allege
that ever since their arrival they had
been unjustly restrained and deprived
of their several liberties, which they
were entitled to enjoy under the ex-
listing treaty between Japan and Ha-
waii: that the Collector General threat
ems to deport them to Japan The
usual prayer is added
The opinion is as follows: 'The re-
turn made by the Collector General of
Customs, among other things, alleges
that it does not appear on the petit
ton that S. M. Ballou had any au-
thOrity fO natitiop for anv of fbo cold
petitioners for whom a writ of habeas
corpus had been asked The traverse
TO the return, also signed by Mr.. Bal
lou, alleges that all access to said pc
titioners and all communication from
them being purposely shut off by re-
spondent, no direct authorization from
them was possible, but that S. M. Bal
lou being retained with w. A. Kinney
by friends of the petitioners on shore
to bring this suit, has assumed to act
in their behalf as aforesaid in accord
ance with law
''It will be seen that the petitioners
are the Japanese immigrants in ques-
tion, and yet they do not sign nor
swear to the petition. If the petition is
intended to be Mr.. Ballou'S on behalf
of the Japanese who are alleged to be
restrained of their liberty, he should
have made himself the petitioner Our
statute allows a petition for the isSu-
ance of writ of habeas corpus to be
signed by the party for whose relief
it was intended or by some person in
his behalf So far as we know the
authority of the person to make a pc
tition in behalf of party alleged to
be in restraint has never been Ques-
toned or demanded to be known. BY
the common law a mere stranger had
no right TO come into Court and ask
that party who makes no affidavit
and who is not suggested to be so
coerced as to be incapable of making
one, may be brought upon habeas cor
pus But it is enough that the appli-
cation by whomsever presented shows
probable ground to suspect that the
person in whose behalf it is made is
suffering an involuntary and wrongful
restraint sor imprisonment. No legal
relation is now held to be necessary
between the prisoner and the appli-
cant for the writ. This is the view
laid down by Hurd on Habeas Corpus,
p. 211.
"The failure to state the fact that
the person for whom relief is sought.
is under disability through coercion to
make or authorize the application,
would not be sufficient ground, after
the issuance of the writ, upon which
to dismiss the writ or remand the
party alleged TO be wrongfully re-
strained. yet it is desirable TO put this
allegation in the petition. The writ
having issued. the presumption is
that the Justice was satisfied that
either the application was authorized,
or that there was reasonable ground
to suspect that the persons in whose
behalf the application was made were
suffering involuntary and wrongful
restraint"
The return of the Collector General
of Customs then follows. This return
shows that the petitioners were ma
tives of Japan and aliens; that upon
their arrival in Honolulu they were
removed to the quarantine station and