The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-07-23
CONSTITUTION AND FLAG.
HAWAIPs TRANSITION PERIOD"
REDIvIvUS.
Attorney General Dole Contends That
the Constitution Stayed Behind the
Flag in Hawaii.

Attorney F. M. Brooks and Attorney
General Dole put in the noon hour to-
day talking law to Judge Gear on the
subject of whether the constitution fol-
lowed the flag to Hawaii in August,
'9S, or not. The recent United States
Supreme Court decisions, which are
supposed to have settled the question
for Porto Rico. are by no means recog-
nized by Dole, as settling it for Ha-
wall, and the attorney for the govern
menl made a lengthy and elaborate
plea for the other view of the case.
In 1899 one GOto, a Japanese, was
convicted for criminal assault, on the
Averdict of nine Jurors, according to Ha-
Maiian law, and in the same year a
Chinese named All Oe was found guilty
of burglary by ten jurors The Jap
was sentenced for life by Judge Stanley
aid the Chinese for ten years. On
writs of habeas corpus secured by
Brooks, the cases came before Judge
Gear today the attorney for the pris-
oners relying solely upon the decision
OF the United States Supreme Court
that "the constitution followed the
flags" though, as the decision stated,
the constitution doesn't stay with the
flag if an organic act or some other
such law drives it away.
Dole had a carefully prepared argu-
ment on the subject, holding that the
SOHSlllullOllil pIONlSlOl llldl CIlllllldl
convictions must be by twelve jurors,
and with this provision any others, did
not apply to Hawaii by reason of the
flag raising of August, '9S. Dole argues
that the repeal of many Hawaiian sta
tutes regarding criminal matters, re-
sulting from immediate application of
the constitution. would have left Ha-
wall pOwerless to punish for such
crimes as murder, arson, burglary, etc,
and that it could not have been the
intention to bring about such a state
of affairs. He contended that the Ha-
wal an statute which provided for con-
victions by nine jurors was in force
until the Organic Act took effect.
Dole's arguments, if upheld will re-
vive the transition period" supposed
to have been knocked out by the Porto
Rico decisions. 1t is claimed that the
annexation of Hawaii by treaty gave
rise to conditions under which Hawaiis
statutes We're necessarily the only ones
to remain in force until Congress pro-
vided others. The matter may go to
the Supreme Court and may yet reach
the United States Supreme Court on
points involving the administration of
laws during the so-called transition
period"
Judge Gear plainly intimated that he
would decide the case by setting the
prisoners free. Such a decision opens
me way LOT a general jail delivery, or
all men convicted by less than twelve
jurors, between August, 1898, and June
IA, 1900, and the Judge stated that while
he recognized this fact, he felt bound
to follow the decision of the United
States Supreme Court.
The decision will be rendered tomor-
row morning. If GOto and All Oe are
freed, the way will be open for habeas
corpus proceedings to set free many
conVicts now in Oahu prison. An ap-
peal may be taken by Dole. If not un-
der the expected decision from Gear,
the Jail doors viii swim open for GOto
and All Oe and every other prisoner
convicted on the verdict of less than
twelve jurors since August, 1898.
"The Court is aware that the deci-
sion may set free many prisoners"
said Judge Gear, land it will give the
most careful ottention to the arguments
of the Attorney General At the same
time, it is impossible for this Court
to hold that a man has been convicted
and is legally imprisoned until it is
satisfied that he was legally convicted"