The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-05
ZEAL OF
IHURsTON
.,,ned from Page -

sptnued it0 --
II was clear that the
lOh had committed petitioner
va had full jurisdiction, and
np ..,a s imposed was within
NV authority of the court.
sl% .d that a Judge at Cham
lT ever to commit. And that
..lS question brought up in
@ r for the decision of the
court. it is true, made the
,rnark, viz; -.
!. Common law every court OF
s,risdiction is the exclusive
rntampts committed in its
against its processes, and
of lis power cannot be as
% sort to a writ of habeas
t was purely obiter die
- mt appear in that case
70 was used which was
- threatening. contumelious
..sctful nor what the acts
vsre considered by the Cir
70 be disrespeetful and disor.
then cannot go to the
s,lsing as matter of law
.,grt can deem any act that
!, "a be a contempt without
- review in a higher court.
if a Circuit Court were to
!. ,rtoruey-at-law to be guilty
:, IN wearing a blouse rather
coat In the presence of the
= for such contempt should
=. attorney to two months
=. would any one venture to
.sb alleged judicial action
,.viewed on habeas corpus2
-sorment is so frequently, il
- the punishment for the
i al q contempt of court, so
: ssbeas corpus is in all such
/ !. n1st ordinary and natural
= sa.uriag relief from judg-
Fpsvc Pl. & Pr. s15, citing
y-isral and State cases and
- p Fed. Rep. 26.
N-p1s will issue to discharge
iuprisonment for an alleged
st.eh is manifestly no con-
srr D. Sl7. ID with citation
Isrs,tly stated by the Court in
sse that we have no statute
Z Al appeal in matters of
!, that the Court added the
4 under a writ of habeas cor
:, only inquire into the juris-
lie Judge furnishing for con-
remark must be taken as
the facts presented by that
allowed no other question
iered.
PRESENT case the mittimus
-aety what it was that the
s--t aijudged to be contempt,
k-g 70 answer a question by
II Jury, giving the name of the
/ rs client without the clients
and when the petitioner had
81 requested such consent il had
ztsses by the client.
: :sSe here presented had been
i Up by vrt Of certiorari instead
iss corpus, relief could only be
81 81 the Statutory grounds THAT
ere null and void" Sec
g L
appears in habeas corpus that the
-zE are null and void" the pc
: !; entitled TO his discharge.
y not case of mere errors and
a1tss TO be brought up by ap-
fsa Of exceptions or writ OF error,
= Eauld lie The question to be
"a s whether the defendant had
zEhhg which in law could be a
: d Court.
sAiaie upon the subject of haoeas
Isaoi Ike the United States stat
: ne the statutes in many of
e nor is it the same With the
az writ Of habeas corpus. 1t
! s follows:
iefson restrained of his liberty,
! ne cases mentioned in the fol-
stn9n- may prosecute as of
ut Of habeas corpus, accord
:. PROVISIONS of this Act, to OBJ
Z hOm such restraint, If unlaw-
saon la5. c. L.
iNptions mentioned in the fol-
ssaon Of persons who shall not
q as Of right to demand and
Tie said writ" are:
Persons committed for trea-
.s'ony. or for suspicion thereof,
.sessories before the fact, to a
zen the cause is plainly and
expressed in the warrant of
'eat unless when excessive and
4aie oail IS required.
I Persons convicted, or In exc
20 legal process, civil or Grim
Persons committed in mesne
u any civil action. on which
liable 10 be arrested and inn
MESS when excessive and IN
: oail is required" Section
one Of these excepted cases.
- Tor the commitment is not
y especially expressed in the
q commitment. or if the al
: Tor the commitment which
~ clearly shows that 1t is not
1.Se' II follows that restraint
~ and that the petitioner is
Ootain relief therefrom under
e United States statutes give
courts the power to grant
,s'as corpus for the purpose
.-s INTO the cause of restraint
|. .Aey do not. as does the Ha-
!. give TO a party the alb
., 70 be relieved of unlawful
me Hawaiian statute de-
ssal cause for the imprison-
N restraint shall be shown. the
Immediately discharged
]. Section 1865. C. L.
81. Ne statute does not eonfine
!. e'ioh which the Court may
49,. sase to the record as shown
,o,l.s and return. but pro-
imprisoned or restrained
|. Of the facts set forth In
al ..,u may alIege other. mate
~ the Court shall nrooaad On