The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-12-15
CHINESE Allowed GLAND
NEWLANDS RESOLUTION Is NOT
RETROSPECTIVE.
Chief Justice Judd Discharges the
Chinese Refused Landing by Col
lector McStocker and Agent Brown.

At IL o'clock this morning Chief
Justice Judd read in open court his
decision in the matter of the petition
of nine Cinnamon for writ OF habeas
corpus, ordering that the men be re-
leased.
The verdict produced a breeze in
court. Attorney General Smith noted
an appeal from the chief justice to
the supreme court. Justice Judd re-
piled that such an appeal was unusu-
al, and he would feel obliged to take
the matter under advisement.
A. G. NJ. Robertson, attorney for the
petitioners, argued against a consid-
Grafton of the appeal, but was overrul-
ed The chief justice ordered the Chi
namen into the custody of Agent D..
X. Brown until a decision was ready.
Mr.. Robertson protested against turn
ing the men over to a respondent in
the case, argued that the petitioners
were in the custody of the court and
asked that they be held by the mar
shal. After some debate this was al
| lowed.
The decision is long, and recites all
the briefs and argument presented as
| ing upon the case. Referring at
length to the present political anoma-
ly the chief justice says: 81 feel con-
strained to hold that the clause of the
resolution forbidding further Chinese
immigration has virtually repealed
the Hawaiian statutes
| The crucial question in this case is
whether Congress intended in the res
olution that the clause forbidding fu--
ther Chinese immigration should have
a retrospective operation and render
invalid these permits.
l have no difficulty in holding that
Hawaiian authorities have no power
now to do any act which, by granting
of new permits will allow future i'm
migration of Chinese to this country
since my view is that Hawaiian sta
tutes on the subject are ipso facto re
pealed by the passage of the joint res
olution
whether the United States law:
can be enforced in this country with
out legislation of Congress is yer!
different question. A strong argu
ment is made that there are no off
GERS constituted by law in this coun
try to execute the United States sta
tutes. We are not a conquered coun
try, and therefore not subject to sucl
orders and DEGREES as might be mad
by the conquering power. We hav,
been absorbed by the United State
by agreement, and for the convenience
of Congress and until it has had suf
ficient time to provide for our govern
ment, our existing laws remain il
full force, unless they are inconsist
ent with the resolution.
But it is contended by counsel fo
petitioners that if it be considered TO
the sake of argument that the Unite
States statutes regulating Chinese i'm
migration are in force in this countr
and that Hawaiian customs official
are authorized to execute those laws
nevertheless the clause of the resolu
ton forbidding Chinese immigration
into this country was not intended t
apply to cases of individuals (Chinese
who have arrived at the port of HoI
olulu and are seeking to obtain ad
mission into the country by virtue G
the permission given them by the stf
tutes of Hawaii, granted prior to tn
transfer of sovereignty of this couT
try to the United States. The inju!
tice and oppression which would b
visited upon these petitioners by b'
ing refused to land, when they cam
to this country relying in good fait
upon the permission granted, is al
parent to every one. l am averse
hold that the congress of the Unite
States deliberately intended to infii,
this injury"
From this point the court cites nun
erous authorities to show that ST
tute should have prospective oper
tiop unless its terms show clearly
legislative intention that it should o.
crate retrospectively. Continuing IL
chief justice says:
!. 81 can find nothing in the resol
luton which manifests the intentic
of Congress to include in the oper
ton of the United States statute
= Chinese who have permits to ent
: this country under Hawaiian law al
am unwilling, without more eXpliC
legislation, to say that the Congre
of the United States intended to pc
petrate the injustice of shutting &
Continued on Page Five.)