The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-27
NEW MOVE
BY STATE
Prisoners Will Be
Rearrested on
Release.

Bafffed in preventing the Jail deliv-
erY by writs of habeas corpus, a new
method will be tried by the authorities
to check this defeating of justice.
Recognizing the authority of Judge
Gear to release upon writ of habeas
corpus the prisoners convicted during
the transition" period. High Sheriff
Brown will re-arrest the prisoners as
fast as they leave the court. In fact.
ia warrant was issued yesterday noon
for the arrest of Goto, the Japanese
murderer released by Judge Gear Wed
nesday. He probably will be arrested
some time today.
Though not definitely arranged as to
the mode of procedure, warrants win
be issued this morning for the three
murderers to be released by Judge
Gear upon writ of habeas corpus, and
they will be re-arrested Immediately.
Hamilton and All Oh also probably
will be included in this general arrest
and all will be taken before the Dis
trict Court for commitment in regular
form.
ASKS SPECIAL SESSION OF ST.
PREME COURT.
In the meantime Attorney General
Dole has not been idle, and yesterday
afternoon he filed the following petit
ton with the clerk of the Supreme
Court:
Territory of Hawaii, Office of the At
torney General, Honolulu, H. l.,
July rs. 1901.
To the Honorable Justices of the Su-
preme Court, Territory of Hawaii.
| Sirs-The following persons were con-
victed of Infamous crimes between the
| 18th day of August, 1898, and the 18th
day of June, 1900, and are under SEN
tence as hereinafter stated:
| CHere follows the list published yes
terday.).
| think 1t is my plain duty to do all
lawfully can to prevent these crimi-
nails (and there are two or three cases
of outrage far worse than ordinary
murders In the first degree) from being
turned loose on the community.
| AS I understand the recent decisions
Of the Supreme Court Of the United
States, the questions raised and passed
upon blythe second judge of the First
Circuit Court were not directly adtudi.
Gated by the Supreme Court of the
United States. 1t seems to me that il
| is still an open question whether the
frst ten amendments to the sConstttu-
ton of the United States were extend
ed to these Islands by the Newlands
Resolution or by the Organic Act.
am not aware that any phase of this
question has been passed upon by the
Supreme Court of the United States.
If they were extended by the New
lands Resolution, these men were con
victed illegally, and are liable to 81
prosecuted as If no proceedings hat
been had. But If this is done they
Twill, of course, plead former conviction
and a discharge on habeas corpus, i
they succeed in getting it; and thu
same question of the Constitution ant
flag will have to be met.
On the other hand, If the fifth ant
sixth amendments to the Constitution
of the United States were extended t
these Islands by the Organic Act, AM
not by the Newlands Resolution, TN
conviction of these men was legal, ant
they cannot lawfully be convicte'
again, and are not entitled to dlschars
on habeaS corpus.
These questions, concerning Wnlcl
there is wide and honest difference
opinion among able lawyers, cannot o
avoided; and it seems to me essent1a
for the protection Of this community
and also a constitutional right Wh1c
these convicted men have, that the LAY
4 of the matter-aS far as 1t Is Wlthl
the power of the Supreme Court OF TIM
Territory to settle, should pc settle
as soon as possible. Such ad1ud1catlo
is equally necessary whether the lift
! and sixth amendments were extende
by the Newlands Resolution or by tn
Organic Act The Attorney Generaf
i department. If it acts on the theor
] that former convictions were void an
arrests men discharged on habeas col
\ pus, cannot hold them for a long an
indefinite period of time.
In view of existing conditions, an
s. of appeals from the second judge
y the First Circuit Court which nav
! been and will be filed in these matter
I respectfully suggest the quest1c
whether there is not public exlgenc
requiring a special session OF the 81
prerne Court OF this Territory at a
early date.
I have the honor to be, sirs, VIII
great respect, Il. +. DOLE,
Attorney Genera
The Supreme Court has taken no a.
ton concerning this matter as yet.
regard to the application FOR a writ
mandamus, Chief Justice Frear u
formed Attorney General Dole that
O was entitled to bring his appear peIo
. the Supreme Court without the pc
mission OF Judge GedI, aiiu wy
ney General will withdraw MS app
cation.
REARREsTING PRISONERS.
The report that Sheriff Brown inten
to rearrest those released as last
. they were turned loose, gained Gu
rency about the courts yesterday atte
noon, and created considerable TAI
The high sheriff, it seems, had consul
! ed an attorney as to his right to !
O this, and the reply was evidently favo
able, for a warrant was immeoiats
i issued for the arrest of Goto, the ii
first released by Judge Gear.
He said that he had been served WI
\ notices to produce three prlsoilel
B named Yesterday, in court this NOR
ing. These men, Ihara Ichagoro, Osa
Mankichi and Chida Marzoboro, ~
- douhtedly will be released upon hape
n corpus by Judge Gear.