The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-24

status and institutions were yet to be
determined by the American Congress
after commissioners should have exam
ined our conditions, our laws, our in
situations, and had reported on the
same. Meantime the people of this
Territory had no Lawful projection
from murder rape, robbery, arson or
any other crime, unless, as Mr. Nc
Kinley plainly intended, and as the
American Congress plainly intended,
the old method of procedure should
be enforced until a new one could be
established. The consequence or hold
ing that grand juries and unanimous
verdicts under the constitution of the
United States came with the flag would
be to set at liberty every muir
derer and every man guilty of high
crime, who was convicted between the
18th day of August, 1898, and the 14ths
day of June, 1900. IT is no trifing re
sponsibility to turn these men loose on
the community.
I'm closing 1 wish again to call the
attention of the court to the following
language of Mr.. Justice Brown: Pa
triotic and intelligent men may differ
widely as to the disturbances of this or
that acquisition, but this is solely a
political question We can only con-
slider this aspect of the case so far
as to say that no construction of the
constitution should be adopted which
would prevent congress from consid-
ering each case upon it's merits, unless
the language of the instrument imper-
atiVely demand it. A false step at this
time might be fatal to the DEVELOPMENT
of what Chief Justice Marshall called
the American empire. Choice in some
cases, the natural gravitation of small
bodies towards large ones in others,
O nf frrlr
others, may bring about conditions
which would render the annexation OF
distant possessions desirable. IF those
possessions are inhabited by alien
races, differing from us in religion.
customs, laws, methods of taxation
and modes of thought the administra-
ton of government, and justice, ac-
cording to Angio-Saxon principles, may
for a time be impossible; and the
question at once arises whether large
concessions ought not to be made for a
time that, ultimately, our own theo-
ries may be carried out, and the bless
ings of a free government under the
constitution extended to them We
decline to hold that there is anything
in the constitution to forbid such ac-
tion.'
Il have found no authority, which,
in my opinion, justifies granting these
writs of habeas corpus The Supreme
Court of the United States, it seems to
me, plainly intimates that the princl-
pie upon which they are claimed is
illegal. and is also incompatible with
the natural rank of the United States
among the nations Of the earth. If the
principle is sound, 1t is an absolute
impossibility to maintain organized
and responsible government in the pos
sessions which have come to the Unit
ed States through the Spanish war
The Supreme Court of the United
States has emphaticaIIy declined 10
lay down any such proposition"
Judge Gear in commenting upon the
case said that he was in an extremely
unpleasant dilemma. The Supreme
Court Of Hawaii had decided one way,
that the laws of Hawaii were good; and
Attorney General Griggs had decided
something entirely different, and that
the laws of Hawaii were abrogated by
the Newlands resolution and the Con-
stitution put in their place
He says that our Island is entirely
different from the Philippines and Por-
to Rico; thatwe were annexed and be-
came part of the United States. A great
deal of stress should be laid on the po
sition taken by the United States Gov
eminent 1 think also that this matter
should be given grave consideration,
as it means releasing men now in pris-
on on various charges Of serious ma
ture. But cannot let man remain in
prison who is not guilty, and I should
be violating my oath OF office if per
mitted it, and a man Is not guilty who
is not found guilty according to law"
Mr.. Dole gave notice that he would
appeal from the decision Of Judge Gear,
when made, to the Supreme Court, as
he thought 1t case which should be
finally decided by that body. Judge
Gear win pass upon the case formally
this morning at $50 o'clock
A mellow and nure whfskv Snr,,ance