The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-06

of the Penal Laws was repealed by the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 these
Islands repealed the opium law, as il
recognized the importation of opium
and fixed a customs duty thereon, as
the importation was lawful, the pos
session was not unlawful.
| There is no doubt that under the
| law, if statute prescribing a crime is
repealed, the prosecution of a defend
ant for violating statute falls to the
ground.
But this rule has it's limitation that
the repeal must be before final judg-
ment, and a repeal after final Judgment
does not affect the execution of a sem
tence pronounced thereon.
las by the return it appears that
final judgment was rendered long prior
! to the existence of the Organic Act;
and it does not appear wherein the
statute in question is or was unconSti-
tutionaI, the execution of the sentence
must be held to be not affected, and
therefore the writ of habeas corpus
must be discharged, and the prisoner
remanded, and it is so ordered
Coon was released on 81. 600 bail, and
the case appealed to the Supreme
Court
NEW SUITS.
Several more new suits were filed
yesterday against Bailey's Honolulu
Cyclery Company. Holbrook, Merrill
& Stetson, a California corporation,
sues the Honolulu firm for 1888, alleg-
ed to be due for merchandise sold last
April. Bishop & Co. are named as
garnisheeS.
The Boston Woven Hose and Rubber
Company sues for $167.25, and c. H.
Montague & Co. sues for S1,554.59.
DIVORCE CASES.
Mele Nakapuahi Manuel has sued Pc
ter Manuel for divorce, charging non
support.
John Mahunalii sues Victoria MANU-
nalii for divorce. He alleges desertion.
APPEALS FILED.
An appeal has been taken by plaintiff
in the case of Wong Shun VS.. Arthur
PENDANT wrongfully took possession of
a poi wagon valued at 800. Judge
Dickey held for defendant.
An appeal is also taken in the case
of w. Alho VS.. l.. K. Kentwen. Plain
tiff claims s35.75 due for making a
dress suit. Defendant alleged that the
suit did not fit, but that he had to
wear it at his marriage, because he
had no other The lower court rem
dered a judgment for plaintiff for $75
attorneys, attorneys commissions, .OS;
court costs 1888.
An appeal is noted also in the case
of II. g. Reid VS.. Daniel Mackenzie, in
which $95 was asked for board and
lodging at the rate of 81 per day.
Plaintiff was given Judgment by Judge
Dickey for S10I25.
COURT NOTES.
James Duncan, charged with assault
with a deadly weapon, falling to ap-
pear yesterday, the court declared his I
bail forfeited, and Il bench warrant
was issued for his arrest.
The court announced yesterday that
the civil calendar would not be called
until the conclusion of the criminal
cases, and he doubted if it would be
reached at all this term. He stated that
the attorneys might take it granted
that the criminal cases would occupy
the entire term.
No cases have been assigned for trial
to Judge Gear so far, and as the jury |
drawn is hardly large enough for two. |
it looks as if he is to hear only court |
cases this term.
\ dscontinuance was filed yesterday |
in the ejectment case of G. * Rookie I
VS.. S O. Young