The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-27
MORE JUGGLING sY
THE SUPREME COURT.


II ever there was q court that should |
be known by the title Of Court OF Ex-
pedleney" Il is the Supreme cour; Of |
the Territory Of Hawaii. One Of the
current jokes about the court is that
IL Is composed OF one lawyer and two |
Judges Anyone reading the majority |
decision OF the court In the habeas |
corpus proceedings and In the Income |
Tax cases can readily appreciate this
joke. The minority opinion OF Judge
Galbrsith shows the lawyer. the learn
ed counsellor. in every line. The
majority opinions read policy, policy
all through their weaFied length. Law
and reason are thrown to the wind and
bias and ignorance and rancor are set
forth as legal reasoning.
The Supreme Court OF the United
States. which held in the Crossman
case that Hawaii came under the con-
stitution OF the United States as soon
as Il was known In Hawaii that the
Newlands Resolution had been passed
by Congress, is overruled by this very
superior Supreme Court OF the Ter.
ritory Of Hawaii. CosHd anything be
more ridiculous? Notwithstanding
that the Supreme Court OF the United
States held that territory could not
be foreign and domestic at the same
time and that territory acquired by
treaty is acquired as absolutely as II
the annexation were made. as In the
case Of Texas and Hawaii. by act Of
Congress" Then following the court
held that country ceases TO become
foreign the moment Il becomes domes-
tic. and il held that Hawaii became
domestic territory OF the United States
the moment the Newlsnds Resolution
was promulgated here and that all
duties paid on articles imported into
the United States from Hawaii after
August 18th, 1888. were illegally col
lected.
What does this decision mean?
What can il possibly mean but that
the Constitution OF the United States
extended over the Hawaiian Islands
from the moment the flag was raised
over them on August 18th and all the
officials, including the President OF
the detunet Republic OF Hawaii. took
an oath to obey and maintain the
constitution and laws OF the United
States.
But despite this decision OF the
Supreme Court Of the United States
the Supreme Court OF Hawaii holds
that life and liberty were not subject
to the constitution and laws Of the
United States between August 18th.
1855. aud June l4th. 1900. Property
Was subject TO the constitution. &C.
cording to the ruling OF the Supreme
Court Of the United States. but accord
ing TO this most remarkable Supreme
Court OF the Territory OF Hawaii life
and liberty were not.
But most monstrons OF all was the
holding OF the court that Judge Perry
was not disqualified in these habess
corpus cases. ali Of which. with pos
sioly one exception. were tried before
Perry as Circuit Judge. Instead Of
taking up the cases in the order OF
their presentation. the court picked
out case not heard by Perry as Cir.
cult Judge and rendering a decision
on that decided the others by the pre-.
cedent set By the nrst Such work is
not alone disgracefal 20 the bench. II
Is absolutely corrupt. Il is 4 juggiing
OF justice 20 enable the majority to
render q policy decision" Judge
Perry could not help but be interested
In cases which had been tried before
him and 20 decide a case OF exactly
the same nature as those tried before
Perry and affecting bis cases was q
decide all the esses which Perry hal
heard. Ia taking this position both
Frear and Perry violated their oaths
IS Judges They bring the court into
contempt and contumely. They dras
their ermine IN the mire and they DC
more 10 undermine justice hy this
Aetion than II they had been guilty Of
open bribery Of the court.
In deciding the Income Tax cass
the Supreme Court shows greater lg.
noranee Of the law. II that were pos
sible. than Il does in the habeas cor,
pus cases. That this Territory car
impose a TAX on incomes b too pre-.
poStegons 70 admit Of argument BY
sensible men. In the famous Income
Tax test cases before the United
States Supreme Court IN 1885 the
court held that the Income Tax passed