Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-01-12
The COMBAT is RESUMED
Argument Allowed by Supreme Court on
Remaining Chinese Cases.
Mr.. BallOu'S Zeal to Be Heard Causes a Breeze
New Reasons Produced by Messrs.
BallOu and Robertson.

over Chinese seeking to enter
these islands, under Hawaiian
law and against United States
law, was resumed before the Su-
preme Court at term yesterday
afternoon. This was done upon
the strongly presented request of
Mr.. Bsllou to be heard for the
first time on the points in contro-
versy, Notwithstanding the cir
cumstances of the eight cases
docketed we're similar to those of
the three cases on which a major.
ity opinion was rendered the
other day.
Mr.. Ballou, in his flushing
eagerness to have an extra innings
after the regular game, aroused
sleeping lions il the persons of
Attorney General Smith and Mr..
Thurstou,' who had opposed his
request, by an innuendo to the
effect that their opposition was in
consistent with "decency and hon
ors," A retraction of the obnox-
ious words restored tranquility,
and the Court ruled for hearing
of argument on the cases at bar.
Mr.. Thurston had argued that
even il the former decision of the
court were reversed as to jurisdic-
Enthusiastically preserving it's
jurisdiction in admiralty wherein
many important cases are pend
ing-it could give no relief to the
Chinese depied admission.
Mr.. Ballou, on being permitted
to open the argument, contended
that territorial courts could exer-
else federal jurisdiction in agree
ment with the United States con-
stitution. The question of state 8
rights, indeed, could not arise in
territories, as territorial power
and jurisdiction came from Con-
gress directly. Congress could
delegate to territorial legislatures
the power to erect courts with
federal jurisdiction, and this pro-
position was actually implied in
the Newlauds resolution. Mr..
Ballou said it was an interesting
fact that the Hawaiian bill before
Congress would contain a provi-
sion to prevent an appeal to the
federal Supreme Court from the
Hawaiian courts in cases not
strictly of federal nature. This
implied that federal cases might
be tenable in the courts of this
territory. 1t would be the first
time such a provision had appear
ed in the Legislation of Congress
for territories.
Justice Whiting asked if a sim
liar provision did not appear in
the Oklahoma bill. To which Mr..
Ballou replied that he did not
think so. Justice Whiting would
not be certain, but such was his
impression.
Mr.. Ballou cited many authori-
ties on jurisdiction which had not
been produced at the previous
hearings. Both the court and OPP
posing counsel paid marked atten.
ton to the citations.
Mr.. Robertson following on the
same side, admitted that counsel
in the previous cases had been de-
relict in duty when they had fail
ed to produce the authorities
available on the question of juris-
diction. He. strongly attacked
the authority of Inspector Brown
and Collector General McStocker
for rejecting and retaining Chi
nese intending immigrants. A
rider to the United States appro-
priation bill, voting $4,000 for
enforcing the Chinese exclusion
laws, was poor color of authority
for Mr.. Brown to come here and
decide what Chinese should or
should not land. Then, admitting
that Mr.. Browns authority as an
inspector for duty in this territory
was established, the authority of
an inspector did not extend to
keeping out immigrants or hold
ing them in custody. An inspec-
tor had no such power in
San Francisco or any other Unit
ed States port. His function was
purely one of investigation, to
obtain information for the guild
ance of the collector of customs.
1t was the collector alone who had
the power. under United States
laws, to decide and order who
should be admitted and who re-