The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-24

An appeal or writ Of error lies In
4 this court t,he Shpreuse Court o; .rhs
i United Statesi from the Judgments
the territories. e1cep, in cases where
the judgments of rhe circuit courts
OF appeal are made final
See also Aztec Mining Co. " Riplsv
151 L. s. -
| For the reasons above given. the Court
holds that it cannot assume iurissiic-
ton of this case. But is there proper
federal question involved herein. IL
there is not. then there Is an additional
reason for not assuming jurisdiction be
cause il is settled that a writ Of habsas
corpus must be denied if il is apparent
| that the only result Of It's issue would be
the remandins OF the prisoner to custody.
| lIn re Boardman, 1eS L. s. 59l.
The conditions which existed on these
Islands when annexed to the United
States were unusual This territory had
q civilization peculiar 10 itself, govern
Inent republican in form. with a written
constitution. civil and penal statutes.
courts of justice with established juris-
dictisn. Ii had publie schools and other
institutions Of learning. and laws enfore-
ing compulsory education Ii was not
mere territory lying in mid-ocean. unused.
but ready for mans use Ii was free.
enlightened state, possessing all the atIri-
Et,.a 81 81
consent the islands were annexed by the
United States. not only the lands but the
people, with their laws and customs. were
annexed; and by the well established law
OF nations these laws and customs re-
n,ained in force until new laws were en-
acted for the government of the territory.
tSec. 10, Sutherland on Stat Construc.
page 10: Black on Constitutional Law.
page 20S: American Ins. Co. VS.. Canter.
] Pet, Sal: Gross VS.. Harrison. 10 How. |
1;A-1S4)
These islands. although originally u |
monarchy. had become republic and the |
people were somewhat versed in the prins
ciples of seif-goyernment. So much was
this so that congress waited nearly two |
years before enacting q law for the gov
ernment of the territory. In the mean
time no laws were enforced in the terri /
tory of Hawaii but the laws of the Re-
public of Hawaii The strong arm of the |
federal government was not felt here. |
The former laws and judicial procedure
remained and continued in force until the
30th day of April. 1900. when congress
passed the Enabling Act. which went into /
effect on the l4th day of June. 1900. This
Act. though providing for different form
OF government for the new Territory Of |
Hawaii, continued in force many of the
former laws of the islands and prescribed
especially:
THAT all suits 1T law and in equi-s
". prosecutions and judgments exist
ing prior TO the passage of this Act
shall continue to be as effectual as if
this Act had not been passed" (Scc.
10. p. 6, Act to provide govern
ment for the Territory of Hawaii.")
The onense charged and described in
the petition for the writ OF habeas corpus
is libel, which under the laws of Hawaii
is misdemeanor. Section 305 of the
Penal Laws tChap. 81. p. 1851 fixes the
maximum punishment upon conviction for
libel in the first degree at not more than
,ne years imprisonment at hard labor. or
by fine not exceeding one thousand dol
ars.
Section S04 of the same laws divides
The oftense Of libel inta two degrees and
the degree Is to be found by the jury. or
determined by the court or magistrate
to decide on the facts
Section 5S4 gives district magistrates
jurisdiction for the prosecution, trial
md sentence of any person charged with I
either ef the fellayiaS Dfeases, namely.
my misdemeanor."
1t thus appears that there may be q
rial and conviction for libel by court ,
,r magistrate without the intervention OF |
|. jury. There was, however. in this case.
/ trial by jury as shown by the petition. |
he grievance set up being that the seslic,
jurors. whereas three jurors dissented. /,
which verdict the petitioner alleges. |
was and is contrary to the Sixth Amend
nent of the Constitution of the Unite.l .
States
The 6rst point urged upon the court .
vas that the petitioner had been convicted /,
Il ''sn infamous crime but upon the ar
'ument it was admitted that petitioner !,
vas not convicted Of an infamous crime.
'ut of misdemeancr. which seems to De .
'orne out by the statutes of the Republic
f Hawaii hereinbefore referred TO-
endered person infamous were treason.
elony and crimen fsIsi IT, $. rs- Blscs. .
Sawy. All. in the same case !, Is
leld that is Is not the character OF th@ :
but the nature Of the aet. .
hat makes The crime infamous /.
The Sixth Amendment Of the Consrisa-
ion manifestzy spplies only 10 trials Of
riminai oGcnsn which are triable only !.
. jnry anl hy wAAt : known = esra
aan lav jpFy, end aEe shove The srade u
ninneonoF1. 4hich latsex eRen< are /.
eesliasH vitkis he jurssdictios Of mag :
u11nfes sltsins pIpne ard Do not necss
ariy nG1f1e 4 jury. 1.
A teloee efnsed Seefinn s. of sfs Act
{ Ounoruan IN u lsvesnsens Of the
|lzla1 = 1leeai1. = part rsaas as ioi-
4 ~ sle - = iI pelaliw
: = 6nlo II