The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-12
Still Further Argument in
Chinese Cases.
Mr.. BallOu on Maritime JuriSdiC-
tion-TerritoriaI Authority
A Duel of Words.

y
noon. Attorneys Ballou and Robertson
were present in behalf of petitioners,
while Attorney-General W. o. Smith
and L. A. Thurston represented the
respondent. Collector General Nc
Stocker
In answer to a query from the bench
the various attorneys present stated
that the answers and replications filed
in the present matter were identical
with and involved the same principles
as those in cases already decided. The
attorneys for the respondent contend
ed that the time of the Court should
not be taken up with repetitions OF ar
guments already heard and passed up
on.
Mr.. Ballou who had not been heard
for permission to give an argument
on that part of the decision concerning
Court jurisdiction.
The attorney claimed to have studied
the point thoroughly as counsel for
libellants in the S. S. Columbia case,
and could present some new argument
which he believed would result in the
Court reversing it's decision. Meeting
with opposition from the Counsel on
the other side, Mr.. Ballou turned on
them with considerable warmth, accus-
ing them of pursuing a course incon-
sistent with honor and decency. 10
this Acknowledgement Smith arose, and
repeating the words, demanded their
retraction. Mr. Ballou replied that he
was very much in earnest, that the OPP
posing counsel knew from private con-
versations of his desire to present ar
gument on the subject. Mr.. Thurston
then arose and with decided animation
asserted that if the gentleman was in
earnest when he made the accusation
of dishonor and indecency against the
Acknowledgement and himself the
proof must come and the affair be
settled then and there. After pause
which was painful with silence, Mr.
Ballou spoke A complete retraction
was made.
Mr. Thurston then contended that
even should the attorney be successful
in securing a reversal of the Courts
decision regarding maritime jurisdic-
ton the decision affecting the restric-
ton of Chinese would not be in any
way changed and, further, however in |
teresting and instructive a speech from
the attorney would be, he had no time |
for listening to academic discOurses. |
After some further discussion a ruling |
came from the bench, announcing that |
argument would be heard
Mr.. Ballou began the debate.
The attorney laid down three prln-
ciples and upon them built a strong
replete with quotations from
books of law and judiciary decisions.
The points as stated were:
1st. That all courts in any territory
If the United States may exercise the :
popularity known as FEEDER
i jurisdiction which is defined in Ar
icle Ill. Section II. of the Constitution
# the United States. Ii
End. That the question Of contra 5
ictory State and Federal jurisdiction
nder that section of the constitution
annot arise in territories, but that all
erritorial jurisdiction and power
ONES from the power of Congress to t
make needful rules and regulations re-
pecting the territory of the United
tates
3rd. That Congress can delegate to
rect courts with Federal jurisdiction
nd such delegation can be found in =.
,ewland's Resolution. +
At $50 Mr.. Ballou having concluded
is argument. Mr.. Robertson addressed
he Court in behalf of the petitioners.
If. Robertson handled the question of :
ingle and dual sovereignty He I
rOngly cOntended that with a distinc- I
ion between Federal and Territorial s
ourts in American territory where no
'ederal Courts have been provided. So
ial chaos would result.
In answer to a question from Judge
erry Mr. Robertson claimed that until 7
lch time as Chinese Inspector Brown
bowed himself to have authority for +
gliding Chinese immigrants in quaran- I
ne he had not the legal right to so -
7strain them any more than did pri-
ate citizens of Honolulu. He urged
lat the burden of proof for authority r
ested with Mr. Brown and should be L
-ought forward if existing.
Mr.. Thurston arose to make answer
one the Court decided to hear no is
ore until today Il