The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-12

factory practice to permit appeals from decisions of circuit
judges In favor of personal liberty and repealed the
But that discrdtng the wisdom of the early
patriots of the country hold that appeal lies under
general statute when the early law gver thought necessary
to specifically mention habeas order give appeal
Again the majority hold that there no exception con
temated section 1885, that appeals lie in all from final
decisions etc. of circuit judges decision of circuit judge
al chambers adudgng person guilty of contempt final
decision The Supreme Court Of the Republic in 1898 after
this statute (secon 1889 force said owe have
statute authorizing appeal matters of contempt" In
Do0 IL Haw 59s This exception and one final deci
sion from which appeal would lie under this section The
effect OF the majority opinion overue this decision
1t that the majority overlooked an important provision
section l434 which provides that every such appeal shall
be taken the record So admitting that appeal will lie
IN these it be taken in such bring
the record before this Court for Where is the record
IN these cases? The decision of this Court an appeal case
to be binding must be based record There no record
IN this unless call the briefs exceptions to the quail
hcatlon to one OF the justices record So far my experience
goes this Court has been rather exacng requiring record
appeal cases to be brought properly before Only recently
the Court constituted of majority and ga member Of
the Bar said deed that had been into
the body of bill of exceptions allowed and certified by the
Circuit Judge "Ths deed has been made part of the bill
OF exceptions of the record in this Court therefore cam
not be considered by the exceptions (Keliilhu,e o.
Vera, 13 Haw 293o) Are going to relax the rule
and say to any enthusiastic counsel that may be spased with
the decision of the Circuit that he can grab up the records
OF the Circuit Court and bear them this and will con-
slder them as record on appeal"2
have the files of the Circuit Court in these cases. Not
one OF them bears the file mark of the Supreme
been properly brought into this Court or are part of the
records of this Court This however, seems to be NO obstacle
to the majority rendering judgment proceeding as though
the cases were properly in this Court This illustration
OF the embarrassments NAV result from the Courts
Interpretation of this statute appeals
What disposition be made of the prisoner pending appeal
where the Circuit Judge orders his discharged may not be
convenient to call special session of the Supreme Court every
time the Circuit Judge discharges prisoner that the torney
General thinks ought to be remanded Long months NAV in
terene between the discharge and the hearing on appeal and
may happen in that the appellate might sustain
the Circuit Judges the prisoner remain jail pending the
appeal2
linen again. are to and approve the practice
adopted by the Attorney these cases of rarrestng
the prisoners after their discharge holding them in conne
ment until his appeal decided? IF that
OF habeas corpus has better be repealed altogether Under
such practice the great writ of liberty this Jurisdiction
'fase alarm"
to render valid Judgment this the reasons given
to wit that of the majority disqualified 81 that no
appeal lies habeas corpus @ that there record
before the court which valid Judgment can be based
Holding this scarcely treat the majority opinion as
decision of the court but considered written dissertation
on an interesting question of law will say that an
absolute answer to argument therein advanced that is
am OF different opinion The for this opinion fully
set out in the opinion of the Er pae
Edaoards, an pp 80 to 49, and it will be unnecessary to
relterate them here.
am not unmindfu of the fact that forming this opinion
1t was reach another conclusion involved the
determination that is that those who responsible for the
administration of the law in these islands between July 7h
$685. and June a. 1900 committed grave charging
trying and convcng persons accused Of Infamous in
manner unknown to the Constitution and laws of the United
States am willing to concede them honest purpose and
unanny OF belief The majority say, The that the Con-
sutlon did not extend here all it's funes whatever might
be true OF some of its provisions have had the sup
port OF two former members and two present members of the
court and OF former Circuit Judge and member of the
par and to some least of other members of the
oa sitting as substitutes while the contrary view has had the
support OF but member of the and of Circuit
Judge sitting substitute insist, however that if the
question to be determined by how of hands, that the cir
Gle ought in all fairness to be extended beyond the limits pre-
scribed by the majority.
The majority base the conclusion in this the views
adopted the Peacock and the first Edoards ca and
the clam made that these supported remark
able degree by the decisions of the United States
Supreme Court the nular Cases. 1t is pleasant
the cheerfuness produced by this discovery but inclined
to the belief that the claim well founded and that the