The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-13

ssution Of Annexation
ne municipal legislation
sian Islands not inconsistent
Joint Resolution nor contrary
Constitution q the United States
suid remain IL force. il meant that
al municipal legislative enactmeHts q the
Republic az Hawaii contrary thereto
should be ahrozated- No reservation Vas
made in THE Joint Res0iation 81 Articles
Y. VI and VII of the Amendments 70 the
Constitution relating 20 Indictments or
trial by jury IN common law criminal
cases. JIG showed that American soreT-
eighty not only prevailed here IS else-
where iu sbe Territories ~ the United
State bar that nothing could he done OF
permitted hers contrary 20 the ConstItu-
son nf the United States. excepting a.
expressly provided in ths Joint Rss0iu-
ton ~ Annexation. This annexation was
not. a. claimed by the supreme Court If
the TerrifaFr in the ease O Peacock "
Republic Of Hawaii ID fiaw- 81, in
transition or inchoate state. but was
complete. and the Constitution cane with
annexation. and became aud ever since
has been Tho su1reme law Of this Terri
tory. This b % paramount interest 10
the people Of tbis Territory. rs K secures
10 an the equal protection Of life. liberty
and property. which are fundamental
rights. and chief among which Is the trial
by jury.
How Petitioner Was Indicted.
Il appears thar the petitioner was in
dicfod Tor the crime Of murder under an
indictment presented by the prosecuting
officer Of the Territory and found by the
Circuit Judge Of the Circuit Court I'M
der the provisions Of Section GIG Of the
Penal Laws Of 1897 Of the Republic Of
Hawaii which reads as follows:
The necessary bills Of Indictment shall
be prepared hy q legal prosecuting Off
Ger and be duly presented 70 the Presid-
ing Judge of the Court before the ar
raiEnment 81 the accused. and such Judge
shall. after examination. Hrtify upon
each bib of indictment whether he finds
the same a true bin or not
The petitioner was then tried upon the
said Indictment and q verdict Of convic-
ton Of granddaughter was rendered by
nine out Of twelve jurors who heard the
case IN accordance with Section 1915 Of
the Civil Laws II 1897 Of the Republic
Of Hawaii. which prescribes as follows {:
No jury. for the tria! Of any case.
civil or criminal she'll be less than
twelve in number. but when rine Of such
jury shall agree upon a verdict. they
NAV render the same and such verdict
shall be as valid and birding upon the
parties as II rendered by all twelve"
The questions then presented are:
Wree the provisions Of the Penal and
Civil Laws Of the Republic OF Hawaii I'M
der which this petitioner was indicted.
tried and convicted. Municipal legisla-
ton contrary 10 the Cons sutton Of the
United States? Or, in cher words.
Question To Be Considered.
Gould a person in the Territory OF
Hawaii between the 9TH day Of july.
1893 and the 18th day Of June. 1900.
when the Act for the government Of the
Territory of Hawaii went into effect, be
legally tried for an infamous crime with
out having been first indicted hy n Grand
Jury. az required hy Article v. or the
Amendmnts 20 the Constitution Of the
United States. or convicted by less than
unanimous verdict Of twelve jurors.