The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-01-15
HAWAIIAN COURT
REVERSES ITSELF
Chinese Petitioners Re-
fused a Landing.
JUDD RULING SET ASIDE
AsIATICs REMANDED BACK TO
THE COLLECTORS CUSTODY.
Chief Justice Files Dissenting Opin-
ion Opposing the Stand
Taken by the
Majority.
JUDD RULING SET ASIDE
AsIATICS REMANDED BACK TO
THE COLLECTORS CUSTODY.

HONOLULU, Jan. IA decision filed
by the Supreme Court yesterday in the
last batch of Chinese habeas corpus
cases disagrees from the former opin-
ions of Chief Justice Judd, and reverses
the situation completely. In other
words, the Chinese petitioners, who
claimed the right to land in Hawaii by
virtue of certain permits issued to them
prior to annexation, are remanded back
to the custody of Collector McStocker,
to be deported or disposed of as Agent
Brown may elect.
The opinion is by Justice Perry and
the opinion is concurred in by Justice
Whiting. Chief Justice Judd signs a
dissenting view, adhering to the opin-
ion put forward at the hearing decided
on December Is. Judge Perry's opinion
is very long and embraces a vast deal
of matter The following is declared
in it:
The Joint resolution passed by the Con-
gress of the United States on July 6, 1898,
relating to the annexation of the Ha-
waiian Islands, provided, inter ALA, that
there shall be no further immigration OF
Chinese into the Hawaiian Islands, except
upon such conditions as are now or may
hereafter be allowed by the laws of the
United States.
the United States laws relating to the i'm
migration and exclusion of Chinese were
extended to and put in force in the Ha-
waiian Islands, and are now in this coun-
try; and further, that Chinese, whether
residing in this country or not prior to
July 7, 1898, to whom permits to enter the
Hawaiian Islands were issued prior TO
said date by the Hawaiian Government,
are not excepted by the resolution from
the operation of said United States laws,
but are also subject to the provisions
thereof.
This court is not court of the United
States and has no jurisdiction, in habeas
corpus proceedings or otherwise, to pass
upon the validity of the appointment OF
a Federal officer, or the extent OF his
powers under Federal laws, or the legal
ity of the detention by him under such
laws of persons who claim TO be Illegally
in such custody.
The opinion opens with the papers in
the case, and the particulars of the
view follow. Summing up, the Judge
says:
This statement of the law is clear and
to the point If in this case there is any
defect in the power of the United states
officer or in his mode of proceeding II is
for the tribunals of the United States to
revise and correct it, and not for this
court. That no United States court has
been established here yet, and that great
inconvenience may result from this court S
holding that it has no Jurisdiction, cannot
of itself confer jurisdiction upon the
court. The Hawaiian Government MAD
not and has not the power to confer upon
this court jurisdiction to construe or jul
dicially enforce United States laws, and
the United States Government, though
possessing the power TO confer such jur-
isdiction, has not yet done so. For such
failure and the inconvenience resulting
therefrom Congress alone is responsible.
The American transport ship Taco
ma, G. Peterson, master, First Lieu
tenant John O'Shea, Fourth Cavalry,
military commander, arrived on the
5th, after a good voyage of thirteen
and a half days, from San Francisco.
The Tacoma brings Ill mules and a
large quantity of quartermaster and
commissary stores for Honolulu and
Manila. The mules will be left here and
the horses and mules brought on the
previous trip will be taken on to
Manila. The Tacoma will remain here
for about ten days.
The Bennington was taking on stores
to-day for her long cruise by way of
Wake Island and Guam to Manila. One
of the most significant things that went
aboard to-day was seventyfoOt cedar
pole, from which the American flag will
float over Wake Island. The Benning-
ton sailed this afternoon.
President Dole did not receive a call
to Washington by the last mail.
II hardly think now that [ will go"
said Mr.. Dole this morning, for the
reason that the committee work is fin
ished and there seems hardly any
necessity for my making the long trip"