The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-13
HlDEls CORPUS CASES
II SUPREME Court
C rron Fsrz. psss.l

4 TIE learned Attorney Gezsral Aae
any lAw On the szbyee4 he wouId mks
70 see n He aid not remain ioas
On the Subject q appeal. There coali
Be 10 appeal Il was absurd Il was
useless wasting tire over IL
Davis read Il length fron an orig.
inzi brief aIed By him in one OF The
cases nov before the bar when the
case first came up during the ransi
ton period and the prisoner was con.
victed Of crime BY less than mani
nous jury and without having been
indicted by q grand jury.
This brief. Your Honor. said
Davis. was fled in 1885 By an obscure
and struggling lawyer" In this orig
inal brief Of Davis the Law had been
quoted according to the Constitution
Of the United States. II had proved
Of no avail at that time. however. be-
cause Of the very transftiveness Of the
transition period.
Davis quoted at length from the
United States Supreme Court decision
in the Insular cases. reading from
Sundays Republican for the full text
OF the decision.
Il am indeed reluctant to open the
prison doors and let a lot Of danger
Gus criminals free to commit crime in
the-community." said Davis. but It is
not question OF freeing criminals,
it is question Of giving men who
have been unjustly convicted and IL
legally imprisoned their rights under
the laws of America. under the laws
OF the United States.
God forbid that a reign Of anarchy
should be instituted, but that is not
the question. These prisoners are I'M
justly held and are held against the
laws Of the Constitution of the United
States. II they are criminals. let
the grand jury indict them, let them be
1ACN deNO4 NAA6 W law anu NOuflStSu
if they can be convicted. according to
Law. according to the Constitution.
ION the 18th of August, the officers
of the Republic of Hawaii took an
oath to support the Constitution of the
United States. of the country whose
Star Spangled Banner was raised over
their heads on that day and which
waves over the land today. What was
the meaning of that What was the
meaning of Hawaii taking the oatn %
support the Constitution of the United
States if she did not intend to do
so? Was it supporting the Constitu
tion of the United States to try men for
infamous crimes without their fist
being indicted by a grand jury and
then convicting them on verdicts of
juries which were less than unanimous
when the Constitution of the United
States calls for a unanimous jury.
by all the strongest decisions Of
the United States Supreme Court we
must reach the unanswerable conelu-
sion that they have decided that a
country cannot be both foreign and
domestic
After referring to Attorney General
Dole's statement in regard to states
abolishing trial by jury in scathing
terms and dwelling at length on the
uneonstitutionality Of holding prison
ers who had not been convicted by yer
diets of unanimous juries after al
local laws contrary to the Constitution
had been made null and void, Davis
wound up with an eloquent speech oil
the Flag and the glory of American
principles.
Attorney F. NJ. Brooks then hell
the Conrt's attention for short time
referring to many authorities ant
; handling the matter in an able man
. ner. Attorney General Dole then sun
med up the case for the Territory.
About O'Clock the Court was aske
to listen to argument in the Frank p
hia habeas corpus case. Pahia, it wi
be remembered. was sent to Jail b
! Judge Gear recently for contempt c
. court He was released on writ c
habeas corpus by the Supreme Cou.
made returnable to the committin
Judge. who denied the writ and RI
manded Pahia to Jail. The case wa
; appealed and Is now before the 81
! preme Court
=. Attorney Davis opened the case b
making nation for dismissal OF the al
4 peal. claiming that an appeal was in
possible. The matter was argued a
length by Davis as friend of the lowe
court and A. G. NJ. Robertson for Ps
| hla-
The Supreme Court adjourned 3
1850 O'Clock.