The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-24

That where it appears the petitioner
Is held under the judgment of State
court of competent jurisdiction before
this Court should grant him a discharge
it should be made to appear that the lille
gality of his detention is beyond fair ques-
ton, and in all cases where the pivotal
point has not been finally decided by the
Supreme Court, but still remains a le-
batable question, the Circuit Court should
not discharge the prisoner in
such cases the Federal question can be
readily presented to the Supreme Courc,
and. as there exists this plain and proper
remedy, it should be followed"
The above decisions which seem to all
relate to the States, apply with equal
force 10 the Territories
See Shute W.. Keyser. 1i9 L. S. G49. where
IL held:
CO urt Che Supreme Court of the United
States) from the judgments or DEGREES of
the Supreme Courts of the Territories OK
cept in cases where the judgments of the
Gil cult Courts of Appeal are made final"
See also Aztec Mining Co. VS.. Ripley,
15I L. 5. 70.
is QUESTION FEDERAL?
For the reasons above given the Court
holds that it cannot assume jurisdiction
OF this case. But is there a proper FEEDER
al question involved herein? If there is
!, ret, then there is an additional reason for
not assuming jurisdiction, because it Is
settled that a writ of habeas corpus must
be- denied if IL is apparent that the only
! result of its issue would be the remanding
of the prisoner to custody. I'm re Board
man, 1863 u. s. So
The conditions which existed on these
Islands when annexed to the United
, States were unusual. This Territory hac
, a civilization peculiar to itself. govern
. ment republican in form, with writer
Z 81 afrTfe-
courts of justice with established juris
diction. 1t had public schools and othe
: institutions of learning and laws enfcro
: int' compulsory education. 1t was no
mere territory lying in mid-ocean unused
but ready for mans use. 1t was a free
: enlightened state possessing all the at
: tributes of sovereignty, and when, wit!
it's consent, the Islands were annexed h!
. the United States, not only the lands blu
: the people with their laws and custom
!, we're annexed; and by the well-establish
!: ed raw of nations, these laws and Gus
!, toms remained in force until new law
were enacted for the government of tn
j.. Territory Section 10, Sutherland O
r Stat. Construc. page 10; Black on Consti
= tutionel Law, page POS; American ms. &c
VS. Canter, l Pet. 541; Cross VS.. HARRISON
rs How. 164-1S4.)
: CONGRESS RESPECTED LAWS
&c These Islands although originally
me narcny, nad become TepuuHc anu III
= pc pie were somewhat versed in the prin
. crples of self-government. So much wa
y this SO that Congress waited nearly tw
years before enacting a law for the gov
= eminent of the Territory. In the near
: time no laws were enforced in the Teri!
: tory of Hawaii but the laws of the Re-
. public of Hawaii. The strong arm OF tt
y FEEDER al Government was not felt her
- The former laws and judicial procedul
. remained and continued in force until I'll
:, seth day of April. 1900. when Congrei
!, passed the Enabling Act. which went I'M
- effect on the 14th day of June. 1890 Tn
. ACT, though providing for different for
a, of government for the new Territory
Hawaii, continued in force many of Y
former laws of the Islands. and prescri
ed especially:
s. THAT all suits at law and in equit
pit prosecutions ard judgments. existii
ell prior to the passage of this Act, shs
s. continue to be as effectual as If this y
d. had not been passed. (Section 16 page
b. "kct to provide a Government for 9
of Territory of Hawaii'D
l55 The offense charged and described
g: sthe petition for the writ of habees corp
q: Is libel which under the laws OF Hawi
re is a misdemeanor. Section 800 of the Pc
RI. al Laws Chapter %. page 1850 fixes I
maximum punishment upon conviction I
80 libel in the first degree at not more til
one years Imprisonment at hard labor