The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-04
OIL STORY
TOLD AGAIN
Judge Estee Hears
Habeas Corpus
Argument.
QUESTION OF
JURISDICTION
Old Fight on Constitution and
Flag in Federal Court
in Osaki Case.

Judge Estee took his first large dose
of the Constitution and Flag" con-
troversy yesterday afternoon. Osaki
Mankchi was before the Federal court
with an application for writ of habeas
corpus, and for over two hours the
court was compelled to listen to the
threadbare- argument as to the
constitutionality of the convictions of
criminals during the transition period.
Attorneys Davis and Brooks appeared
in behalf of the petitioner and the for
mer held the boards during nearly the
entire afternoon in an effort to convince
the court that the Jap was entitled to
his liberty. Very little was said during
the afternoon which had not already
been presented in the arguments to the
Circuit and to the Supreme Courts, in
the original habeas corpus cases. The
Cathcart, was based simply on the
question of Jurisdiction, and if Judge
Estee holds that he has jurisdiction, fur
Their argument will be presented on the
remaining grounds raised by Mr.. Davis.
The case was called before Judge
Estee at 2 o'clock, and the attorneys
agreed on the following facts as stated
by the court: That the defendant was
indicted by presentment to and by
circuit judge May 4, 1899; that he was
tried by jury of twelve. men and con-
victed by a vote of nine, three dissent
ing, May Is, 1899 and that upon the
conviction he was sentenced by Judge
Perry to a term of twenty years in
Oahu prison. There was some conten-
ton at the beginning as to the words
Oahu JAIL used in the return to the
writ made by the High Sheriff but the
Attorney General admitted that the
place of confinement was Oahu
Prison and the. hearing proceeded
without further discussion.
There was really only one point raised
by Mr. Davis in his argument which
varied from the previous arguments.
This was that Judge Perry who sat up
on the case, at the time he was so doing,
was acting under "a commission from
President Mckinley. which the attorney
argued was of itself proof that the con-
stitution of the United States was in
force here at that time.
In opening Mr. Davis said, Il move
that the petitioner be discharged, on
the ground that the conviction was IL
legal and the sentence is null and void,
the court having acted without jurts-
diction. in that the conviction was after
nresentment by circuit judge, and by
a Jury of but nine men, three dissent
ing. This man is now being held by
virtue of a mittimus issued by Judge
Perry under the laws of the Territory
of Hawaii. :"
..The Republic of Hawaii corrected
Mr. Cathcart.
seBut it had been annexed" returned
Mr. Davis
..The title remained the same
Mr. Davis then quoted from an address
read at an international law banquet
hold recently in London, at which the
members of the bar had thrown bouquets
ar each other. and In which it was stated
that as long as there was an honest par
.stbe light of justice would never De eN-
tinguished" THE newspapers here, ne
continued, have predicted tnat IN 'iie
event this writ of habeas corpus Is
Granted. a reign of anarchy viii follow.
as soon as the prison doors are thrown
onan What the consequences viii be
has nothing to do with the Issuance OF
This writ. submit, If this man IS heid
CONTRARY to the sixth amendment OF the
CONSTITUTION he should be given MS no
artv In nv mind. the question OF ehe
i,,risdiction of the court is easily dls-
nosad Of. I am satised that the court
10 .comnIete Jurisdiction, and that the
circumstances surrounding this case can
o,ls-call loudly. for your honor's inter-
fa-ance" section 723, Revised Statutes
of The United States was cited IN support
of this contention. ,....rr,,,,
The attorneys argument was lnterru .iL
ed by the Court with the question' 70
Won contend, Mr.. Davis, that II the coui
releases this man, he cannon again
indicted?" -. haIiave
~ do not. your honor; but oehese
t.ha Attorney General has been smut Out
tro,-, further action, in dismissing THESE
sarna cases in the lower court eiectlhs
To stand upon the decision Oh 'he
preme Court. ,.,otion was alb
sol1,te1y void" continued MT DdS +na
the constitution was in force mere q. -.
,;,,,e. mr. if the Hawaiian statues .,t,,
oa-trarv to the spirit OF c1e con -,
49,, whether the constitution
~ not If the law was contrary 70
orovisions Of the Newiands fes9i
fI,e convictions were illegal ..
ar ,--o,,ls like to ask the Deputy Al'oi