The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-19

atve and Legislative departments Of the
United States for period of nearly century in the trial
icflon and sentence of criminals by the of territories
CURED but whose status had been determined v Cn
without indictments by grand ures unanimity Of ver
petit ures ought adudge that the sentence imposed ON
tine petitioner utterly unwarranted void when the case Is
one IN which his rights be adequately protected BY TIE
supreme Court OF the United States when decision bv
this court setting the petitioner liberty although Il MIGHT b
reversed, would be practically irrevocab and might result
through possibly decision the liberation Of alb
CRIMINALS who still serving their and who were
tried IN cases OF infamous without preliminary
or were convicted in by less than unanimous verdict
OF petit jury during the nearly years intervening between
the of these islands the United and the esta
lishnent of Territorial government here BY Congress-
Since the foregoing written the of decision in
Goefe a. United States, 1913 Fed Rep 70 has received
strongly confmato of the above reasoning the
ing IN the Peacock above referred to- =
IN THE SUPREME COURT OF THE. TERRITORY Of
HAWAII sssa fsse
SPECIAL TERM July, 1900. .ess
THE TERRITORY OF HAWAII. w. H. MARSHALL.
EXCEPTIONS C1Rcurr CouRr, FIRST C1ncurr 9ds Il
SUBMITTED July ID, 1900. DECIDED OCTOBER 8, 1905
FREAR, CD, GALBRArH j. AND j. A. MAeoos EsquIRr OF
THE BAR, PERRY, j., ABSENT tts-aat
Sections 80. sos
that of publishing libel
the to determine the
ver nsr BY mime the I
establishment by Act Of Congress
ssa guilty s Il
has pleaded to the af
THE COURT BY FREAR CT 9 s..
-
nfsi 8 - (Galbraith j.. disseningo
September 20 1899 the defendant was convicted and SEN
fenced by the District Magistrate Honolulu ON charge of
making and publishing libel in the first degree concerning
late Chief Justice Judd He appealed the Circuit
pending his appeal admitted bail but subsequently his
surety surrendered him and he sued corpus
in the Supreme Court of the Republic of Hawaii claiming that
the statute relating libel void for uncertainty and de-
fecveness and unconstitutional The Court held the statute
valid and remanded the defendant custody On Marshall
II Haw 1863 and he again enlarged bail Afterwards
he tried his appeal in the Circuit Court charge
amended the publishing but the making of
libel and found guilty by verdict rendered by of the
twelve jurors He here exceptions The points
relied on will be considered in their order
The defendant his contention made but sustained
in the habcds corpus proceedings that the which divides
the ofense of making also that of publishing libel into
degrees defective in that it does define the degrees
and unconstitutional attempt the of the legislature
to delegate to the jury the determine the de-
gree In those proceedings the held that the statute liz
creating degrees did oense but that it
created only oense and then divided it into degrees with
respect the penalty only, and that that constitutional
exercise of legislative power.
The (en L., CHI 32) after defining libel (Sec 299
the making of libel (Sec 5000 and the publishing of bea
(Sec 3O1) provides follows:
Sec 3O4 The ofense of making also that of publishing
libel degrees and the degree be found by the
Jury determined the Magistrate authorized
decide the facts and also the degree be determined
by the Court before which proceedings had where the facts
charged admitted by plea or otherwise
"See. 3O5 Whoever is guilty of the oense of making
publishing libel in the first degree shall be punished by
ponment hard labor than year. by fine
exceeding thousand dollars the discretion of the Court
"Sec 300 Whoever guilty of the oense of making orpub
fishing libel in the second degree, shall be punished by
pronnent hard labor than three months by fine