The Hawaiian gazette., 1901-07-30
NEW MOVE
BY STATE
Prisoners Will Be
Rearrested on
Release.
lFrom saturdty,s daIlyl


Banled In preventing the jail deliv-
e,y by writs of habeas corpus, a new
method will be tried 10y the authorities
to check this defeating of justice,
Recognizing the authority OF Judge
Dear 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,
a warrant was issued yesterday noon
for the arrest OF Goto. the Japanese
murderer released by Judge Gear We'd
nesday. He probably will be arrested
some time today.
Though not definitely arranged as to
the mode of procedure warrants will
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 OF 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 SU
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.
yo the Honorable Justices of the SUI
preme Court, Territory of Hawaii.
Sirs-The following persons were con-
victed of infamous crimes between the
=, ,f nd hn
day of June, 1900, and are under SEN
tence as hereinafter stated:
CHere follows the list published yes
terday.)
think it is my plain duty to do all
] lawfully can to prevent these crimi-
mails (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 l understand the recent decisions
of the Supreme Court of the United
states, the questions raised and passed
upon by the second judge of the First
Circuit Court We're not directly adjudi-
Gated by the Supreme Court of the
United States. 1t seems to me that it
is still an open question whether the
first ten amendments to the Constitu-
ton of the United States were extend
ed to these Islands by the Newlands
Resolution or by the Organic Act. l
question has been passed upon by the
Supreme Court of the United States.
If they We're extended by the New
lands Resolution, these men were con-
victed Illegally, and are liable to be
prosecuted as If no proceedings had
been had But if this is done they
will, of course, plead former conviction
and a discharge on habeas corpus, if
they succeed in getting it; and the
same question Of the Constitution and
flag will have to be met.
On the other hand, If the fifth and
sixth amendments to the Constitution
of the United States We're extended to
these Islands by the Organic Act, and
not by the Newlands Resolution, the
conviction of these men was legal, and
they cannot lawfully be convicted
again, and are not entitled to discharge
on habeas corpus.
These questions, concerning which
there is wide and honest difference Of
opinion among able lawyers, cannot be
avoided and 1t seems to me essential
for the protection of this community,
and also constitutional right which
these convicted men have, that the law
of the matter-as far as 1t is within
the power of the Supreme Court OF this
Territory to settle should be settled
as soon as possible. Such adjudication
Is equally necessary whether the fifth
and sixth amendments We're extended
by the Newlands Resolution or by the
Organic Act. The Attorney Generals
department, If 1t acts on the theory
that former convictions were void and
arrests men discharged on habeas cor
pus, cannot hold them for a long and
indefinite period of time
In view of existing conditions, and
Of appeals from the second judge of
the First Circuit Court which have
been and will be filed in these matters,
/ respectfully suggest the question
whether there is not public eXigency
requiring a special session of the Su-
preme Court of this Territory at an
early date ,
have the honor to be, sirs, with
great respect, II. Il. DOLE,
Attorney General
The Supreme Court has taken no ac-
ton concerning this matter as yet. In
regard to the application for n writ of
nandamus, Chief Justice Frear in
formed Attorney General Dole that he
was entitled to bring his appeal before
the Supreme Court without the per- ]
mission OF Judge Gear and the Attor-
ney General viii withdraw his appi-
cation.
REARREsTING PRISONERS,
Tho report that Sheriff Brown intends
to rrarTrst those released as fast ~
they were turned loose, gained cur
rency about the courts yesterday after
noon, ana created considerable talk
The high sheriff, II seems. had consult I,
ed an attorney as 20 his right 20 DO
this, and the naply was evidently fayor-
ahlc. Tor a warrant was Immediately
issued for the arrest ~ Goto, the Jap
nrst released By Judge Gear,
tie said that be- bad been served with
notices ~ produce three prisoners,
named yesterday in eDurt this mons
INF Those men. mara lehaRuro. OsIkl F.
Mauklehi and rhida Maroharo, an,
dplbtsdly WIN b. released Don haboas
corpus by Judge Gear
AtnnfaNF a. 900 eiiprrY who mAdg
SAY ihr Drnprf procedure would hu thn f.
s4rHi ~ ms tErrf mrHl Ha Huuu az
thff IrN tbs ruuuhnusn fhlH could .
b. dnHf upun ihr ga rhHrsrH ~ muf
80 Hna WaNflHNFtifr hHI ihHY NuuIl
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