The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-12

difference of opinion the advby of allowing appeals in
such On the hand urged that the remedy BY
habeas designed be speedy that should be 80
IN cases involving the right of personal liberty On the other
nand e urged that questions of the gaves Importance may be
presented such and that allow any person imprisoned
for crime after careful trial resulting verdict by jury
sentence by the court and after amance by Supreme
Court to obtain discharge whenever he find Judge
thinks that the proceedings invalid would be dangerous
IN the extreme. The Supreme Court of Arkansas pare
oocksoH IS Ark. 100, quoted in Enc P & Pr 1913
SO Tar as to that cit would be disgrace any government
II the decision of such left the arbitrary will
without appeal of revision" No better illus
aton of the hazard of such practice needed very
and the connected with them which need
be enlarged upon But needless consider at length
the question Of policy in this That question the
legislative branch of the government Suffice to say that as
matter of fact have been England Canada
of the States and by the Congress the United States all
lowing appeals in habeas corpus That perhaps best
evidence of the trend of opinion this subject recent times
when conditions different from what they were several
centuries ago in England Some of these appeals
IN certain classes of only confer the right upon
petitioner only But most contain limitations. Some courts
hold that an appeal writ of lies of this kind
under general statute others that must
expressly mentioned It viii useful purpose to review
the Many of them collected Church. ab Corp
IND I'd Sec 3S9b ct and Enc P Pr 1912 seq and
Brief reference will be made however, to few cases
decided by the Supreme Court the United States Under
statute which provides generally appeals in haeas corpus
without specifying by whom appeal may taken from
an order disehargng prisoner well from order remand
ing him. In Neag 1876 U. s. l. C,olclev D. Christensen
31 T. s. So Under which provides error
from decisions OF the highest of the aoo refer
rang to habeas writ of lies in case in
which prisoner has been ordered discharged habeas corpus
iote"o" Booth and United States Booth, 81 How sos;
Ivples Case, 13 Wall 397 In in which the statute
gives Circuit Court of Appeal final jurisdiction and provides
Tor appeal writ of the Supreme Court an order
made by the former habeas corpus may
the latter cerorar and apparently under
the same statute which provides for appeal Circu
Court the Supreme Court without referring habas corpus
cases appeal would lie Though should be that there
another statute not referred by the which
pressy provide for appeals from Circuit corpus
cases. Ian Oo Bee LA q. S. Al.
Let statutes and practice upon which
after all the solution OF this question depends These ap
peas from orders made by Circuit Judge at Chambers The
Act to Reorganize the Judiciary Department Claws of 1892
Oh 80 provides IN Section 81 Civ L. Sec 145 which defines
the jurisdiction of Circuit Judges Chambers that 'eThe
Judges of the several Circuit Courts shall have power in Cham
oers within their respective Jurisdictions but subject appeal
to the Circuit Court and Supreme Courts according to law as
follows: Then follow twelve subdivisions among which is
Eighth 10 issue writs of habeas corpus according to law
he statute relating appeals heard by Judges at
ohamoer ec 90 OF the Act amended by CHI of
the Laws of 1892 and Ch of the Laws of 1885, see Civ
Sec 1889 provides that "Appea be allowed from all
decisions Judgments orders DEGREES of Circu ndoes in
Chambers to the Supreme Court except classes of
appeab the Circuit Court which classes these cases
do not belong These sections comforting jurisdiction in
ha6eds corpus Subject appeal to the Circuit and
Supreme Courts according law and the same statute pro-
vdng that appeals shall be allowed decisions to the
Circuit and Supreme Courts according the circumstances
would seem to be clear enough In The King Llii Haw
199 held that whatever be the common law rule az
to appeals from convictions for vaancy appeal Law in such
case under general statute which provided appeals from
Police Justices in whether civil criminal although