The Pacific commercial advertiser., 1900-10-19

19, 1900.
ground for snpposing that he did, but that the ,
error in his entry Mr. De Bolt reads the dens.
which, by consent of counsel herein the applies to e
amended at the November Term, 1890 Demprro. 'Fa
without argument. The court overrules the dempr ~
Bolt notes an exception. Trial of the above entitled
set after Monday, the 14th instant"
Whether under statute (See Civ 1. Sec 11ooN A.
the common law should be followed in the absence d
statute or whether curative statutes (See Civ r
$50, 6S1) are sufficiently broad to cover this case o
decide.
1t is settled that appeal from lower court vb
of guilty is entered, it unnecessary for the dfa
plead again in the upper Rasmussen a. State go NJ
johns State 1O4 Ind. 557 1T was held also in
case that plea would be presumed where the record ~
the subject This seems not to be the general rule how
1t has been decided also that when plea an original A
has been entered whether in the lower higher court final
plea amended charge is unnecessary Rasmussen g.
supra; State o. Beatty, 45 Kan. 492; 25 Pac 800 II
present appears of record that the defendant pleaded
guilty to the original charge in the District Court In hc
cult Court the charge amended by omittne that .
which related to the making of the libel The court un
y had the power to allow the amendment That is not dn.
The statement of the remaining charge amended m
extent in form but point is made of this In our on;
unnecessary to plead to the amended charge
The exceptions overruled.
W. O. Snsth for the prosecution
j. r. De Bolt for the defendant
DISSENTING OPINION OF GALBRAITH J.
The opinion of the majority of the reiterates the now
doctrine Of "a transition period referring period Of finn
between the signing Of the Joint Resolution annexng the h
waiian Islands to the United States July 7th 1898 and
taking effect of the Organic Act June A. 1900 during w
time claimed, the islands neither Independent
eregnty part of the United States and were somewhat
the condition referred to by Milton in the following lines
$50 here the archangel paused
Betwixt the world destroy and the world restored :
Then, with transition sweet, new speech resumes"
-P. L XHa
and maintains the position support which, seems phs
coined to wit that during this period the Constitutes
the United States had no force or effect in the Hawaiian Island
From this doctrine and position respectfully dissent MI
reasonsor doing set out at length in the opinion
court in Ec parte Edcdrds page ante, and it viii n
necessary to repeat them here However, the dissenting
ion in the Edcdrds relied authority for
the principal contention of the defendant in this case
strained to state that the authorities relied on seems |
clearly support the contention claimed for them such s
ing opinion.
The quotation from the speech of Daniel Webster da
IN point but it not controlling authority particularly W
is remembered that the words quoted uttered the L
and passion of political debate in the Senate of the Um
States possibly sufficient this authority s
that John G. Calhoun, at the time and place. maintains
the opposite view and supported the with equal a
and ability and that years later 1885, the Supsn
Court of the United States approved of the views advocated
Mr. Calhoun and dsapproved of those supported by Mr. We
and quoted in the dissenting opinion in the Edards case
Scott y. Sandford 10 How 45o.
The case of United States Daaeson q How 46 is not
authority against the opinion of the in the Edwad G
The only question presented and decided in that
Observation-Disclosures defendant should be tried in the
or Western District of Arkansas for against the U
States committed in the Indian country known the n
Territory, the deciding that me sixth amendment
constitution, respecting the place of trial. applies only to ~
committed in the sates This case was decided the De
term, 1853, and if it be said support the conte
claimed, it is clearly in conflict with the opinions of the S
court expressed at much later date Sprngrite Iae
166 u s. 7O7, decided April 26th, 1897 american P4o Z"
Fisher 166 o. s. 464 decided April 18th, 1897 and 7ho
e. Utah. ITO U. S. 346, decided April 25h, 1S9S square