The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-25

not contrary to the Constitution" re-
main in force
This Court prefers to follow the
ruling that courts of justice are not
authorized to remedy temporary in
conveniences by inverting the ordinary
meaning of words.
From a review of this Ode Lima VS..
BldwelD decision it is very apparent
that there can be no Transition pc
Rod, as announced in the opinions CT
the Supreme Court of the Republic of
Hawaii in the Edwards case; that
instead of a transition period" the
DRY by which temporary inconve-
nience" was sought to be remedied by
pure judicial legislation" the Ha-
waiian Islands either became domes-
tic or remained foreign There was
no transition period" about 1t, and
no 'inchoate annexation" "a coun-
try ceases to be foreign the instant
it becomes domestic I'VE are I'M
able to acquiesce in the assumption
that territory may be at the same
time both foreign and domestic" Thus
speaks the Supreme Court of the
United States of America, and in SO
speaking rings the death knell or
transition periods and "inchoate an
nexation. Even the learned Attorney
General now pauses and admits that
he has incorrectly used this phrase In
consequence of what the Supreme
Court of the United States have said
and that under their decision there
could not be such a condition or pc
Rod in the status of the Hawaiian ISL
ands. AS to the contention of the At
torney General that not even the first
ten amendments to the constitution
were in force here prior to the organic
act and that perhaps even slavery
might exist, I can only say that even
ha nh Gf ioa xx-l1n he nnic
ion in the Peacock and first Edwards
cases. has FASTENED to deny any part
in the decision holding that the amend
ment in regard to slavery was not in
force here.
The court has fully considered the
great responsibility devolving upon it
if it should discharge from imprison-
ment men convicted of grave and helm
Gus offenses, but this court will not
willingly shirk its duty and allow any
one to be restrained of his liberty if
convinced that upon application TO
this court the applicant has been de-
prived of his liberty contrary to a
right guaranteed him by the constitu-
ton then in force, and this court firm
ly and unequivocally believing that at
the time petitioner was tried he was
guaranteed the right of trial by jury
and that. in order to convict all twelve
of the jurors should have agreed TO the
verdict, and it affirmativeIy appearing
on the record herein that three jurors
diSsented from the verdict; the petit
toner is entitled under the constitu-
ton this court has taken it's solemn
obligation to uphold, to be discharged,
and it is therefore ordered, adjudged
and decreed that the writ of. habeas
corpus issue, and the prisoner be dis a
charged"
Attorney General Dole immediatelS
asked for leave to file an appeal, and
also an appeal bond. This, Judge Gear
refused to allow, holding that there
was no appeal from an order issuing a
writ of habeas corpus. The Attorney
General thereupon filed his motion for
an appeal, which was placed on record
by the clerk
Discussing the matter after the de-
cision had been rendered. Attorney
General Dole said he would take no
further steps until he had investigated
the subject further.
When the effect of the decision of
Judge Gear had been explained through
the Japanese interpreter to Goto, the
Jap threw up both hands in a. token of
thanks, and with his attorney walked
from the courtroom, free man. All
Oh did of need an interpreter, aud
spoke English very well. He lost no
time in leaving when told that he was
a free man. The Chinaman had been
serving ten years sentence on a
charge of burglary, and the. Jap had
life sentence for rape staring him
in the face.
THE KAPIOLANI ESTATE.
The day yesterday was given up al
most entirely to arguments in the case
of the Kapiolani Estate VS.. the ka-
neohe Ranch Company. The jury was
dismissed while the attorneys argued
as to the legality of certain titles and
the admission of evidence
INVENTORY OF GUARDIAN FOR
RENTONS.
George F. Reuben, guardian of A. H.
F. Renton and NJ G. Renton, minors,
has filed an inventory of the property
in his hands, showing a total value of
$113 636 As, divided as follows:
II O. r. and l.. Co. bonds 6
per cent, par value -. $1,000. 90
% EVA Plantation Co.
bonds, per cent, par
value ....... $4,000. 90
Oahu Sugar Co. bonds, 6
per cent, par value ;. 5000. 90
Shares of stock, Hawaii
an Star N. Assn 49,. 10 90
375 Shares Hamakua Mill
Co. stock ....... $1,000. 90
112 Shares Union Mill Co.
stock .,... 11,2eo 90
60 shares Spring Valley
ifornia ........ 5000 90
Real estate in San Francis
20 a I