The Hawaiian gazette., 1901-02-26
BACK TOWhitney & Marsh, Ltd.
JAIL. DRY GOODS

HHN IN HITTING mu.
uU utts ..uIturr H NaHu pfa.H
- tor contempt of u. FHt' t|.
gll Juae,H y.art Judra D.'.. w iI.
tuteu rIlt.s IJI.,u.t come E..f..rH.
I,Dual tntJ JHg ,u,u' a.Ga l.u .u.
l.ut.eu GOV. an4ri tNH
.saius bonn 60 8aI. aud trH ludaa loo
assam DO tug Cutt9uy GU iH. .i.' 81.
t..tuuE HtulfH tlul uU N.. HIIE U.a
,aso ,H tuv IDIuturlW supreme Dnurt
900 habras corpus PROCEEDINGS aud
nave "a ruIiuB from that up1g upon fhr
. Questions raised by HiW iu ,Hg united
4 rtatps court
I Juuge istcc rendered lengthy dee
DIsiuu, covering ala tue poi1t- involved
900 "a Carcful manner. The history uf
the case ls reCIteu fuiy. u.E.uuirL
WIjh the causes leading up ID. the ,u-
cunt Judge making the order ~ im
prisoumcut OF AIR. Bttng Hc dweHs
upon the point that The petitioner did
not resent the treatment h. received
at the prison, but objected Y being
where ne was
The iigh sheriff testified further"
says Judge EsJee, that the petitioner
was given three meals "a uay sleeps 90
the guardrOom on cot with mattress,
pillow, blankets, sheets ana mosquito
net and Is allowed the freedom gt the
upper portion of the Waruaa.s quar-
Is the petitioners Imprisonment in
that prison cruel and uuusual 20
1T as doubtless true that tue eighth
amendment to the Constitution OF the
United States Is intended 10 protect
the citizens against eNcessiN- bail. eN-
cesslve fines and cruel pUaishme
and unusual punishment referred TO ia
the Constitution must mean such pun
ishmeut as is unusual because OF It's
cruelty, or unusual because Of the
la. "a e
meut. II should be- borne lu mind that
the conditions in the TeIrit1ty of Ha-
wall are different from tho-. prevail
ing IN the States. i is mot yet nine
months since Congress passed the Act
for the government of this Territory.
and there has hardly been time 70 pro
vide AL Of the modern prison appii-
anCes and for this reasgg alone il
would be most extraordinary tyI u
United States Court in this distant
land TO seek technical reasons TO inn
pede the administration uf public JUS
tee by hurrying TO find constitution
al cause for making a general jail de-
livery Of all convicted miaq -ueaL0rs,
or to look for technical grounds Tor
oyerruling the judgments af tae Terri
torlal courts in a hearing on hsDeas
corpus. Indeed, IL must b. made dear
" apparent TO the court tina the lib
erty Of the citizen is Imperfect before
II will so act. And again there are
three Justices Of the Territorial Su-
preme Court now in Honolulu 20 none
Of whom has an application been made
for relief The petitioner. therefore.
is not without his remedy il tais court
is in error. 1t was held b. the Su-
preme Court Of the United States In
Makuson VS. Boucher IL r. : Iss
that We have frequently pronounced Z
against the review by hab-ss corpus
of the judgments Of State courts in
criminal courts becaus- some right
under the Constitution OF IT, United
States was alleged TO have been denied
the person convicted. That is what
the court is asked 10 do b. The pro-
ceedings at bar
Judge Estee admits n Circuit
Courts right to fix the punishment.
but denies that the petitioU-g had the
right to request him 10 regulate -s1e
character of his punishment or. iu
other words, seek a different -mpE-sol-
ment from that which oth-- parties
found guilty Of misdemeanuT are made
to suffer. In the Marshal ase de-
cided October %. 1909, Judse E1s-ee
held that. except in peculiarly urgent
cases, no United States Circuit Euurt
or District Court Will discharge = .
prisoner on habeas corpus after con
Viction In a Territorial court lie
said II is the duty Of the court 1a see
that its judgments are properly ea-
torceu. and that he Possesses no power .
to control the judgments Of mat court
unless il is clearly shown tia the con-
stitutional rights Of the citizen are BE-
ing violated. He does not take the
view that Biting was being subjected y
TO cruel and unusual punishment
I'm any event" he COutiu -es. the
judgment Of the Territorial Circuit
Court Is presumed TO be right and
what is stated in the mittirnus must
be taken as true. he performs no Ia
Dor on the streets or elseRg here He
suffers no gnominy not common 70 all
the prisoners. The court Is compelled
10 believe that petitioners punishment
IS neither cruel nor unusual and
therefore. not in conflict with Article
Of the Amendments TO the "anst5-u-
tinn Of the I'nired States Let p=sl-
toner be remanded."
COURT NOTES
T. 3. Murray Is being sues by A
Magoon TO recover the principal and
interest alleged 10 be due On 9 proul-s-
sorry note given by thu defendant on
December 4 1899. payable SIX months
hereafter The amount Of the princl-
Dal is s43907. of which SIS Is only has
been naid as is alleged by -he plain
If. The letter claims Ssig - principal