The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-02
MAY TURN GONVICTS
LOOSE IN HAWAII
Decision That Constitution Pre-
cedeS the Flag There.
PEOPLE ARE DISTURBED
PRISONERS WERE CONVICTED
BEFORE ANNEXATION.
PEOPLE ARE DISTURBED

Honolulu. 7. H, July % Cvia san
Francisco, Aug. D.-The constitution
of the United States precedes the flag in
Hawaii according to a decision Just
rendered by Circuit Judge George d.
Gear Of the First circuit. He has al
ready released on habeas corpus petit
tons three prisoners sentenced for in
famous crimes after the resolution of
annexation passed congress and was
signed by President Mckinley. on the
ground that they were not convicted
Dy unanimous verdict of twelve iur-
ors- A wholesale Jail delivery of muir
derers, burglars, rapists, larcenists and
other criminals is threatened under the
decision, and Honolulu is greatly dis
turbed over the prospect
The decision was given under the re-
cent insular decision of the United
States supreme court, and upon the
clause in the Newlands resolution
which stated that all municipal legisla-
ton of the Hawaiian islands not incon-
sistent with the constitution should re-
main in force. Judge Gear held that
this meant that laws that were incOn-
sistent with the constitution should not
remain in force. and that, therefore,
the constitution of the United States
extended to Hawaii Immediately on the
signing of the Newlands resolution by
the president. This was on July Z. 1898
six weeks before the American flag was
raised in Hawaii
Attorney General Dole is making a
vigorous fight against the decision, and
is trying to get the matter before the
supreme court. he contends that the
constitution did not apply to Hawaii
by virtue of the NeWlands resolution
of the fag-raising. Judge Gear held
that there was no right of appeal by
the prosecution from a writ of habeas
the supreme court for a. writ ordering
Gear to allow an appeal.
May Relieve Labor Trouble.
The labor difficulties. which have
seriously crippled Hawaiian sug6r
plantations for a year or more. Will
prOba bly, be much relieved in the near
future by the arrival of several thou
sand Japanese. It is stated that the
japanese government has rescinded the
order it made a year or two ago, pro-
hibiting immigration from the country,
and that travel to Hawaii Will begin
again. The order was by the emperor,
and was understood to have been made
because it was desired TO keep men who
might be wanted for military service in
the country.
Manager z. J. Cross of the Inter
island Wireless Telegraph company Of
Honolulu, stated in an address deliv-
cred here last Saturday that he con-
Sidered communicable with San Fran
cisco from Honolulu by wireless tele-
graph a practical possibility. He de-
clarcd that with a machine Of the nee
essary power and a pole 1,200 feet high,
messages could be successfully sent An
Electric machine of $1,000 horse power
would be needed, according to Cross,
to send MESA es from the top Of the
pole 10 the coast.
Volcano Breaking Out.
Another report was brought from
HilO yesterday that the volcano Kill
auea is breaking out. The crater has
been quiet since the period of activity
that followed its great outburst on July
4. 1898. but recent signs have indicated
forthcoming activity.
The United States gunbOat Petrol, the
last of Admiral Dewey's fleet at the
battle of Manila bay to remain in the
Orient, arrived here last night on her
way TO Mare Island. The Petrol has
been in Asiatic water for four years,
most of the time in the vicinity Of Ma
Mia. She will go out of commission for
repairs when she arrives at Mare
Island.
A remarkable and beautiful meteoro-
logical phenomenon was witnessed last
week in the vicinity of the great noun
tain Mauna Kea, on Hawaii. 1t was
a sudden snOwstorm in midsummer
around the heights of the summit,
which is 1900 feet above the sea. The
fail Of snow came at the close of a
clear summer day, and in half an hour
covered much of the mountain with a
white mantle which melted away un-
der the setting sun. The spectacle at
tracted much attention. Mauna Kea
is covered with snow during much of
the year but seldom at this time
Henry +. Cooper, secretary Of the
territory and acting governor, has
ceased to issue certificates of birth in
Hawaii TO Chinese, on account OF de-
cision by the district magistrate that
there is no authority in law for him to
os issue certificates.