The Pacific commercial advertiser., 1900-10-19


srsi cases municipal LEGISLATION contrary Constitution
das United states and Is null and void
,SsSdnsat Q Constellation OF the United States.
m " taTst a r. tSSs upon an soealied T found
~: 3:ss $ verdict less '''' unanimous '' entitled to '' as
OPINION OF THE COURT BY GALBRAITH j.
tFrear. cJ, dssentIns)
r was an original proceeding on writ of habeas corpus
~ the petition Of George L. Edwards and the return
hr@
The petitioner charged Indictment found by the Cir
nit Iurc q the First Circuit Island of Oahu Hawaiian
SANDS with the cfensc Of an attempt commit sodomy was
mi and convicted the 10th day Of August, A. D. $685. by
wnynee Of ten Of the twelve jurors and sentenced by the
imprisonment hard labor for of FIVE years The
admits that he held in the Oahu Prison. Territory
Hawai-, under the commitment issued in pursuance of the
rrr'tOn and sentence as alleged in the petition.
The Indictment against the petitioner returned under
81 9l6 the Penal Code Of 1897 Of the Republic of Hawaii
' ro The necessary bills of Indictment shall be duly
d by legal prosecuting officer and be duly presented
eng judge Of the before the arrnignrnent of the
% and such judge shall after examination, certify upon
ahh Of indictment whether he finds the same true BILL
NPrvou Of the code relative the verdict Of uries reads
sovs Sec i3i5. No jury for the trial Of any civil
nmna shall be less than twelve in number; but when nine
The Jury shall agree upon verdict they may render the
nd such verdict shall be valid and binding upon the parties
pirrdcrci BY all twelve
contnded by the petitioner that his Indictment convic-
20 and sentence void and his detention is Illegal in
na he was placed upon trial for infamous crime without
nrment by grand jury and convicted by the minority
% jury and thus denied the rights and privileges guar
% ham under the 5h and 9th Amendments of the Constitu
and The United States
say convicted under the laws Of the Republic of Hawaii
o act Of Congress had that time, extended the Consttu
and laws Of The United States the Hawaiian Islands, and
amendments any other parts Of the Constitution Of
united states were not in force the Hawaiian Islands, at
uue OF his conviction and sentence, tow Aug. 18th, 1898.
@~ng upon the question raised in this cannot
the history Of the long and laborou struggle for the
uon Of the Hawaiian Islands TO the United States,
s over period Of nearly half century and ending with
g' Of The Joint Resolution by the United States Con-
1 ia approval by President Mckinley the 9TH day of
l'os; forget the fact that Of the strong argu-
"I annexation that American civilization had long
''hci IN these islands and its people and institutions
easily and naturally adapt themselves and he asmilated
" Aner'caa law and government.
,' constitution Of 'bc Republic Of Hawaii adopted in 1894
c h provision; The President, with the approval OF
"a % hereby expressly authorized and empowered TO
A.. '''y ot Political or Commercial Union between the
| o Hawaii and the United States Of America, subject
'uacaton Il The senate" Art 80.
OF annexation negotiated by the Representatives
NJ, a'ei States and the Republic Of Hawaii in February
s a"' withdrawn from the consideration of the United
'''e by the President in March following and another
vas made on June 18th, 1897. This Last treaty was pend
The United States Senate for ratification when the
T resolution was passed
'''0'on reads in part follows:
"Jotvr RESOLUTION"
' ''a 'NSrXrNG ruE HAWAIIAN ISLANDS TO THE UNITED
a1o ue Governments Of the Republic Of Hawaii having
,t sunod ~ consent. in the manner provided by IL;
~e 'o absolutely and without reserve to the n,tec