Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-10-17
Brief FOR MARSHALL.
ATTORNEY DE BOLT
MAKES STRONG CASE
He Brings Out Peculiar Points Of Case
and Calls Attention to COntradic-
tory Decisions of Hawaii
an Supreme Court.

Judge Estee yesterday took the Mar
shall habeas corpus question OF jur.s-
dictlon under advisement, promising 0
decision within few days. Following
the proceedings reported in yesterdays
paper, w. o. Smith and A. b. Lewis
argued against Jurisdiction. Geo. ID.
Gear made a speech for the af1rma-
tive and Mr.. De Bolt closed in
behalf of the petitioner on the same
side. Today Mr.. De Bolt filed brief.
In this document Mr.. De Bolt sub
mits that there is no doubt that Judse
Estee has jurisdiction, the only Ques-
ton being one of discretion as to
whether or not he should assume it.
1t is submitted that the isolation CT
the Islands-20O0 miles from the Main
land and 5000 miles from Washington
without Geographic communication
with the outside world, should be con-
sidered. Authorities are ci.ed on this
point.
The law and the courts intend prac-
teal and common sense results and
that justice shall be don. in all cases.
The prisoner Is under sentence Of i'm
prisonment for six months. Before
his case could be presented ut WASH
ington the annual term of the Federal
Supreme Court converting in October
would be far advanced, with no pos
sibility of securing a position upon It's
over-crowded calendar. Probably any
new case would go over for whole
year.
Therefore, II Judge EsIse put the
| petitioner to his writ Of error, the lat
ter would be Immediately sent to fail
and, long before the Supreme Cour,
would consider his case, he would have
served out his sentence and there would
be nothing left to consider. s very re.
cent case. brought to counsel's atter.
ton after oral argument in this case
had ended. was cited as one that alone
should be decisive of this case.
The petitioner had exhausted all hi
remedies in all the courts of the Terri
tory of Hawaii, except in the Unitet
States District Court.
The great expense of making
transcript of the record a writ of erroi
should also be considered.
Tn epetitioner submits that he ha
been deprived of his r ght under tn,
fifth and sixth amendments to the con
stitution of the United States, and thd
such questions come clearly within
the jurisdiction of this court, and 4
would be pre-eminently proper and an
exercise of a sound discretion dictatnI
by justice and principles OF human lilo
erty Tor this court to assume jurisdlc
ton. And when such questions ar
presented every reasonable doubt an
discretion should be resolved in favo
of the individual as against the people
Twelve authorities are cited to sho,
that each case of the kind is to be dc
termined upon its own peculiar fact
and circumstances.
Where there can be no inquiry unit
the meeting OF the grand Jury, and n
relief from Imprisonment meantime,
writ OF habeas corpus is proper.
Federal courts have Jurisdiction up
on habeas corpus to inquire into tn
cause OF Imprisonment, and II the DE
titioner Is found to be in custody , }
an act done or omitted in pursuanC
or the law OF the United States. he !
entitled to be discharged no mattn
IRON whom or under what authori
! the process under which he Is held ma
, have issued.
After making several other poin,
with authorities, the brief answers II
plea or the Attorney General that
petitioners contention is sound and tn
prisoner should be discharged some Z
or 20 other persons would also appl
Tor habeas corpus. 1t Is submitte
= that II they are illegally restrained :
= their liberty contrary to the const
tuition OF the United States, hey Shout
be discharged.
AS to argument of Judge Hartwe
that Section 10 of the Orgapic A,