The Hawaiian gazette., 1901-11-08


80 fg...,arn we Ais n''n--ev ~
MArnun had never been substituted iur
him Judge Gear remarked that the
money was nut ~ the jurisdiction ~
the court and he saw no way 10y which
81 could be- paid back again, ana
though ha now felt that th" siil 20 had
been improperly Withdrawn. yet u"
could not compel Magoon To- pay money
ne iid not have In his possession. 'ie
consequently denied the motion. Mr.
stewart then stated he would ask an
order To- have wundcnbcrg and Mngonn
A Thompson cited 10 appear. and bring
the money in question INTO court. once
IL does get into the clerks hands again.
Attorney Davis has an order lying IN
wait To secure half of II. in the case
of Cummings VS.. Markham, and by the
time Stewart gets his fee of $3.50 there
will b. very little left for the son ana
heir.
JUROR FINED FOR TARDINESS.
John q. sheldon. juror was fined
SO for failing to appear in court when
his name was called yesterday morn
! ing a bench warrant was issued, ana
sheldon was brought into court by
officer Sea at noon, when he explain
ed that he had understood the court
to- excuse him until afternoon. nne
of $40 was imposed, but later suspend
| tu upon f1DllDll VI l''BhNN fhNi'l h'N
! General Cathcart. and the juror was
excused for the remainder of the term.
The bailifs We're also instructed not
to summon him again.
| Judge Gear yesterday denied the APP
plication of W. J. Coon for writ OF
| habeas corpus, and the prisoner must
serve the sentence of three months i'm
posed August 10. 1895 for violation OF
the opium laws of the republic. The
ground was THAT At that time section
1885 of the Penal Laws Of the Republic
of Hawaii was abrogated by the New
lands Resolution of July =, 1898. The
further ground stated is that the peti-
toner was not taken into custody until
October 20. 1901, and that section l6.si
of the Penal Laws was repealed by the
Organic Act passed April 30, 1900.
The court in "A written opinion, holds;
This court has held in an opinion
by Judge Humphreys that the Organic
Act. which expressly extended the Gus
toms laws of the United states To thes'
Islands repealed the opium law, as /
. recognized the importation OF opium
and fixed "A customs duty thereon, al
the importation was lawful, the pos
session was not unlawful.
There is no doubt that under th'
4 law, If statut" prescribing a crime i
repealed, the prosecution of defend
, ant for violating statute falls to The
$ ground.
. But this rule has its limitation tina
| the repeal must be before hnal JudS
lment. and Il repeal after final judgmen
y does not affect the execution of sen
I tonce pronounced thereon
?, AS by the return II appears tina
final Judgment was rendered long prio
~ to tn. existence of the Organic Act
5 and it does not appear wherein tn
. statute in question Is or was unconstl
h tutional, the execution Of the sentenc
must be held to be not affected, an
therefore the writ of habeas corpu
a must be discharged, and the prisOne
, icmandrd, and il is SO ordered.
Coon was released on 81 900 bail, an
o the ease appealed to tn" Suprem
n Court
d COURT NOTES.
"a James Duncan. charged with assau
'r with q deadly weapon failing to al
rs pear yesterday, the court declared h
IL bail forfeited, and bench warrai
~ was issued for his arrest.
The court announced yesterday thi
j. the civil calendar would not be callt
iy until the conclusion of the crimin
cases and he doubted If it would
s. reached at all this term. He stated tn.
"a the attorneys might take II grant'
IN that the criminal cases would occur
ly the entire term,
No cases have been assigned for tri
ed TO Judge Gear so far, and as the ju
ne drawn is hardly large enough for tw
er il looks as II he is to hear only cou
lrt cases this term.
ey A discontnuance was filed yesterd'
"a. in the ejectment case of c. *. Roo
at vs.. :. q. Young.