The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-11-19
APPEALS TO
WASHINGTON
Transition Cases
Go to Highest
Court.
(From Saturdays daily)


allowed by Judge Morris NJ. Estee of
the United States District Court yes
terday.
The question is one Of the eravest I'M
portance to Hawaii as upon it depends
not only the mere fact of the rightful
or wrongful Imprisonment of some for
ty prisoners but also the exact in
depreciation of the Newiands resolution
by which these Islands became a part
of the United States. In no other way is
it possible to settle the legal differences
of the various courts of the H4iwaii1n
Islands.
The appeal is taken from the decision
of Judge Estee in releasing OsaM Man
kicho on writ of habcas corpus, ho'"inE
at the same time that conviction
without grand jury presentment and
by majority verdict is Illegal and
void.
The Supreme Court Of Hawaii took
the opposite view OF the cases and held,
Judge Galbraith dissenting, that these
convictions were valid and the Terri
torial laws in so far as they related to
criminal Jurisprudence were not affect
ed by the Newlands resolution.
ASSIGNMENT OF ERRORS.
Inc assignment bl tlibiS upol NiiiNi
the appeal ia based was signed by Judge
Estee yesterday and the appeal will be
perfected today It is alleged in this
assignment:
That the United states District Court
erred in granting the writ Of habeas
corpus in the case of Osaki Mankichi.
That the court. erred in assuming
Jurisdiction of the matter.
-, IN, hal u ia
the fifth and sixth amendments to the
Constitution of the United States We're
in effect in Hawaii during the transition
period.
That the court erred in holding the
sentence of the Circuit Court which
passed upon the case of this defendant
to be null and void And for such other
errors as may be contained in the find
ing OF the court
THE APPEAL.
The following is the formal notice of
appeal on the part of the Territory:
IN THE MATTER OF THE APPLICA-
TION OF OSAKA MANKICiII FOR y
WRIT or HABEAS CORPUS.
APPEAL.
The Territory of Hawaii. by its attor-
ney, Edmund r. Dole. Attorney General
OF said Territory, feeling itself aggrievcd
by the order and judgment entered ON
the 12t6 day of September, 1901, in the
proceeding aforesaid does hereby appeal
from the said order to the Supreme
Court of the United States. and prays
that its appeal may be allowed and
transcript Of the record of proceedings
and papers upon which said order is
made, duly authenticated, may be sent
to the Supreme Court of the United
States of America.
EDMUND T.. DOLE.
Attorney General, for the Territory Of
Hawaii.
NOTICE TO DEFENDANT.
r. NJ. Brooks is the attorney for
Osaka and yesterday he was served
with the following notice:
United States of Americas. The Pres
ident of the United States to Osaki
Mankchi and +. NJ. Brooks his attor-
ney, Greeting:
You are hereby cited and admonished
10 be and appear at the Supreme Court
of the United States of America at the
city of Washington IN the District of
Columbia, within thirty day. from the
date Of this writ pursuant TO an appeal
tled in the clerks office for the Terri
Court of the United States for the Terri
tory of Hawaii; wherein the Territory of
Hawaii is appellant and you are appel
lee, to show cause, If any there be- why
the order and judgment In said appeal
mentioned should not bc corrected and
speedy justice should not he done to the
parties IN that behalf
Witness:
THE HONORABLE MELVILLE W.
FULLER,
Chief Justice of the Supreme curt of
the United States of America.
This --- day of November, in the
year of our Lord one thousand nine hun
dred and one, and of the independence of
the United States the one hundred and
twenty-ifth.
United States District Judge of the Ter
ritory of Hawaii.
Attest:
Clerk. District Court of the United
States, for the Territory of Hawaii.
This morning the appeal viii be per-
fected by the Attorney General and
quite likely Judge Estee viii fix bail
under which Osaki may secure his free
dom pending the decision on appeal.
The appeal papers will be sent to
Washington on the Sierra next Tues
day with request to Attorney Gen
eral Knox to have the case set for
hearing as soon as possible. As mat
ters of this kind are always given prcc-
edence over less pressing cases it is
possible that it may be taken up within
two or three months. Attorney General
Dole viii probably go on to Washing
ton to present the arguments for the
Territory. and i. NJ. Brooks, who has
been anticipating trip to the East,
will appear for the defendant.
THE courts here are at skies and
SeyenS over the transition peripd cases
and the only way to settle these diff
ferences of judicial opinion is through
an appeal to the United States Supreme
Court" said Attorney General Dole
yesterday. 1T is an important ques-
ton and until IL is settled the Terri
torial courts viii remain in a chaotic
t.nnditinn W. nlnst Ill resnnLl thn 10.