The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-10-12
Invitation 70 THE BAR BATILED WITH THE SEA /
EXTENDED BY UNITED STATES
JUDGE EsTEE,
Wants Full and Free Argument on the
Question of Whether the Constitution
Follows the Flag.

William II. Marshall is ordered re-
leased on bond of S100 to be approved
by United States District Attorney
Baird, pending argument as to the ju-
risdiction OF the United States District
Court to issue the writ of habeas cor
pus in Marshall case and to determine
the issued raised by it,
| The Attorney-General of the Terri
| tory, and the United States Attorney
of the District, by name, and the entire
bar of the Territory, are invited to take
| part in the consideration of the ques-
tions involved in this habeas corpus
case, either by oral argument or by
brief, If any see fit to do so.
| Argument on the question of jurisdic-
ton is set for 10 o'clock Tuesday morn
ing next AS much time will be given
to it as is deemed necessary. If the
! question of jurisdiction is determined
in the affirmative, future time will be
set for argument on the issues raised.
| When Judge Estee took his seat on
| the bench at 10 o'clock this morning,
William H. Marshall and his attorney
j. Il. Bolt were present, as well as High
! Sheriff Brown, AttOrney-Generar Dole,
! District Attorney Baird, and w. o.
Smith. Immediately upon taking the
bench Judge Estee said, "The habeas
corpus proceeding of William H. Mar
|
AS this is matter of very great i'm
portance, the court would like all the
assistance possible in the matter, and
! therefore asks that the Attorney Gen
eral of the Territory, and United States
District Attorney Baird appear as Ami
ci Curiae, or otherwise"
RETURN TO THE WRIT.
| Judge Estee then asked if a return to
the writ had been made. The clerk re-
piled that it had, and Attorney General
| Dole representing the High Sheriff pro-
! ceeded to read it, as follows:
"In the District Court of the United
States of America, in and for the Ter
ritory of Hawaii: In the matter of the
petition of William H. Marshall for a
writ of habeas corpus: Respondents S
return: Arthur M. Brown, the respon-
dent named in the petition for writ
of habeas corpus, filed herein, for re-
turn thereto says: That he is the High
Sheriff of the Territory of Hawaii, and
as such is responsible for the custody,
control, and safe keeping of all prison
ers committed to his custody by the
courts of the Territory of Hawaii: That
the said William H. Marshall is now
and has been since the 9th day of Octo-
Der, A. 7. 1900, detained and confined in
the Oahu Jail under and by authority
of 4 certain mittimus to the said High
Sheriff directed, a copy of which is
hereto attached and made a part here
of"
The return is signed by A. NJ Brown,
High Sheriff, Territory of Hawaii, and
sworn to by him before George Lucas
clerk of the Supreme Court.
THE MITTIMUS.
The mittimus, copy of which is at
tached to the return, is dated May IS
1900, and is directed, to THE Marshall
,Nft lou Tel, 4 II Il
1t sets out Marshall's conviction in the
circuit court of the offense of publish
ing a libel in the first degree commit
ted on or about August 27, 1899, by pub
fishing in the Sunday Volcano" of thai
date a libel on Chief Justice Judd OF
, which a copy IN these words is set out
in the mittmus:
"A man young in years, faltering in
judgment, lame in ideas, has been driv-
en- over the Pali man who saw nc
: good, but that which was mirrored IN
himself, has been driven over the Pail
a man, as changeable as the wind ha:
been driven over the Pail; a thing, &
creature, cringing reptile of greed anC
spoilation has been driven over the
Pail; a man who knew no law but poll
cy, has been driven over the Pail; {
man, who in every case of litigation, in
volving wealth against poverty, decided
in favor of wealth. has been driven ovel
, the Pail, there to remain forever.
"A. f. Judd's mind is a vacuum anC
he is rapidly becoming gibbering idiot
I From the first he recognized no opinion
nor obligation inconsistent with those
in power He vas everything for {
time and nothing long. In his time HI
played many parts and played then
poorly. In order to remain in power HI
= was sycophant to every fallacy.
Tomorrow to gain the speaking rec
ognition of this paper he would sacri
flee his manhood, aye, even surrender
his robes of office.
HE is over the Pail, and on his fac,
is the picture of despair.
1.-The country and the volcano II
through with A. F. Judd. Let him di'
in peace.
-, "Chief Justice Judd is a man of re
firing habits. He is over the Pail
where is your Chief Justice, a maj
possessing not one sixteen hundredtl
n part of the honor of Pontius PLATE? HI
2 is over the Pali."
= JURISDICTION OF THE COURT.
AS soon as the reading of the return
was finished, Judge Estee said that tn
g first question to be determined was tn
jurisdiction of the court, and he woul
: like very full argument on that subject
"Of course" he said II did not issu
the writ without believing that tn
court had Jurisdiction. But at the sam
time there may be a question wbethe
1t has, and 1t is a question to be decide
first. For If it has not, that ends tn
proceedings 1 should like very full al
. gument on the point, all the light ca
, get, and 1 therefore suggest that
time be set when that argument can b
q made"
. In answer to the question as to hi
!. views of time for argument Attorney
y General Dole said that he would sug
l. gest, that in order for sufficient tim
to be given to counsel to prepare al
gument on the question, and that tn
court might not feel constrained
hurry his decision on the matter bC
% cause the petitioner was deprived of h
liberty, that Marshall be allowed to 6
on a nominal bond, and that then
time be fixed for argument.
What do you call nominal bond
asked Judge Estee.
Anything your honor thinks suff
Client, replied Mr.. Dole.
Continued on page ive)