The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-05
GlTHsART TALKS 4 WHOLE oar
CHARACTERISTIC ADDRESS BY
AN APOSTLE OF THE OLD
ORDER or THINGS.
Judge Estee Takes Hand in the
Argument and Insimatss That
He is in Accord With suprsms
Court Decisions.

Deputy Attorney General Cathcsrt
held the attention og Judge Estee's
court all Of yesterday in the NIanagschi
habeas corpus case An al day speech
in Hawaii is not usual. and earned
comment in and out OF the United
States District Court. Mr.. Cathcart be-
gan his argument in the morning. con
tinued to noon. began again at O'Clock
in the afternoon and continued to after
when the court announced an adjourn
ment to 9 o'clock this morning.
In the course OF the argument two
things became apparent: First-al-
though counsel argued contra--the
court had jurisdiction and would exer-
else it. second. that ''the CONSTITUTION
followed the flag and the case would De
considered on its merits according to
United States laws and usages
Tues6 ay George A Davis had the foor
in the court as attorney for the Jap
anese petitioner He presented a strong
and impressive plea In favor of his
client. The points urged were that the
Constitution came 10 Hawaii with the
flag. and that his client was indicted.
tried and convicted in manner In
conflict with the Constitution. Mr.
Catheart yesterday followed the old
beaten route OF argument that the Con-
! sttution did not follow the fiag. and
that the United States District Court
has no Jurisdiction in TRANSITION per-
iOd" questions
Il started in yesterday afternoon"
Air. Cathcart opened. ito argue that this
court should not take Jurisdiction. The
proposition that make IL that the Su-
preme Court Of the United States has
laid down a rule Of law. which Il that
the Federal courts VIII not review judg-
ments Of State courts in criminal mat
ters through writs Of habeas corpus.
but that the proper remedy, when II is
claimed that some right has been de-
MED is by writ Of error"
Mr.. Cathcart talked until noon on
the question OF jurisdiction. quoting
numerous authorities affecting to show
that the judgments OF State courts IN
criminal matters can be reviewed only
by the Supreme Court Of the United
/ States on writs Of error
In the afternoon the Deputy Attorney
General held the floor Tor more than two
II
the Constitution followed the nag TO the
Hawaiian Islands. He seemed intensely
/ earnest. but for the most part. his points
were stock arguments that had been
/ largely shattered by the Insuiar Decis-
| ions OF the Supreme Court. The arEu-
ment was presented IN sections. or BY
points. and each point was taken up IN
turn By Judge Estee and practically de-
termined in the negative.
The first point made BY CAthcart was
that an indictment BY grand jury and
verdict by unanimous trial jury was
not a fundamental right under the Con-
stitutiou. and that those rights were not
In effect between Ausunst T. fsss. and
/ June Il. 1900.
The second point was that these rights.
as fundamental rights. were not and
could not be extended by the Eeyiands
resolution Judge Estee interrupted and
read from the Constitution the sections
prescribing a trial BY grand jury AMI
conviction By a unanimous trial jury. Mr..
| Catheart stin held to his point. and pro-
duced an army Of authorities Of varioss
depths and compilations. Under the New
lands resolution. contended Mr.. Cathcart.
| the Constitution was not extended. n
Congress. by the Newlands resolution. IN
tended to extend the Constitution. then
the resolution itself was unconstitution-
| al. because Il continued the tarim reia-
/ tons OF Hawaii with other countries. the
Constitution providing that in emphatic
terms.
/ From this point on the argument dl-
yerged into debate between court and
counsel a. 10 whether OF not the Con-
stitution followed the faE. during WAich
Judge Estee Intinated as many as .
dozen times. as his opinion that e did.
and that Hawaii had been fuli-nedgei
American territory since August y. iSa.
About f-so adjournment was taken 20
O'Clock this morning