The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-23
SENT BACK
To JAPAN
ALE ged Bigamists
Not Allowed
to Land.
APPEAL TO ESTEE
ON HABEAS CORPUS
Held He Had No Jurisdiction.
japanese Are Sent Back by
the Coptic.

A JAPANESE and his alleged wife,
N who came to Honolulu on the
IA City of Picking, were sent back
to Japan on the Coptic yesterday hav
ing been refused admittance under the
Edmunds law. An appeal to the Fed
eral court on writ of habeas corpus was
without avail, Judge Estee holding that
he had no Jurisdiction
The immigration officer in refusing to
allow the japanese to land, alleged that
they We're guilty of bigamy, and under
the law could not be admitted. 1t was
intimated that Yui Kujiro, who appeal
ed to the Federal court for relief, was
in reality attempting to import the wo-
man Mao, also refused admittance into
Honolulu, as his slave, he having law
full wife in this city. He claimed to
Honolulu wife, but admitting the al
legation to be true there was still the
question of the validity of such a di-
vorce in the United States court.
In the application for the writ of
habeas corpus, Atkinson & Judd, the
attorneys for the two japanese. set out
the same facts in each case. 1t was
alleged;
That the said Yui Kujiro in whose
behalf this petition is presented, is cit
izen of the Empire of Japan: that he ar
rived in said Honolulu accompanied by
his lawful wife Mao on or about the
10th day of October, 1901, oil the steam
ship City of Picking; that said Yui Ku-
jiro was lawfully divorced under the
laws Cf the Empire of Japan, from his
former wife. Matsu; that on the second
day of September, 1901, under the laws
of the Empire of Japan. he was lawfully
married to mis- said wife, Mao: that the
said Yui Kujiro is merchant already
owning goods within the jurisdiction of
| this court; that he is not an idiot or an
insane person or a pauper, or a person
likely to become a public charge, or suf-
fering from loathsome disease or
dangerous contagious disease, or a pei
son who has been convicted of a felony
or OInpr infamous crime or HliSuentdHbI
involving moral turpitude, polyga-
mist. or a person whose passage is paid
with the money of another, or who Is
assisted by others to come, or is he 9TH
erwise disqualified under the laws of the
United States from landing and sojouIn-
ing therein;
THAT your petitioner is informed and
believes, and upon his information and
belief AYERS, that he, the said Yui Ku-
1 L.
reason that the said Stackable and said
Brown claims that the said Yuf Kujiro
is not entitled to land in the Territory
| of Hawaii, under the laws of the Unit !
ed States of America, because he 10 .
bigamist
And your petitioner claims that the
said Yui Kujiro. having but one wife I'M
der the laws of Japan, is Illegally de-
| tanned and imprisoned by the orders OF
said Stackable and said Brown and thai
said Stackable and said Brown threaten
to deport the said Yui Kujiro from this
Territory on the steamer ''Coptic." SAIL
| ing on or about the 22nd day of October
from said port of Honolulu.
That this petition is made by your Aft
| ant on behalf of said Yui Kujiro. being
unlawfully restrained of his liberty, and
is not allowed to see and converse with
his friends. according to the orders of
said Stackable and said Brown.
Wherefore. to be relieved of said I'M
lawful detention and imprisonment, your
petitioner prays that a writ of habeas
corpus, TO be directed to the said e. r.
| Stackable Collector of Customs, and that
| said Joshua K. Brown, Inspector of I'm
| migration may issue in this behalf, so
that the said Yui Kujiro may be forth
with brought before this court to do.
| submit TO, and receive what the law may
| require
The writ was made returnable be-
fore Judge Estee forthwith. as the Jap
anese were about to be deported upon
the Coptic which was due to sail at
four o'clock, so the man and woman
were brought into court at three o'clock
| Collector Stackable and Immigration
Inspector Brown through the United
States attorney, ]. ]. Dunno. denied the
allegations in the petition, and set W
in reply that the United States court
had no jurisdiction. the case having
been finally adjudicated by the Board
Of Inquiry.
! Collector Stackable was put on tbs
stand and testified that he believed the
facts alleged to be true, that Kujirc
had wife living in Honolulu, and he
did not believe any further investiga-
ton than that made by the immigra
| ton officers to be necessary. Inspector
Brown also testified that the man was
held as a bigamist, and that the mat
ter had been thoroughly investigated
by a board of inquiry. and that substan'
tiaI evidence to the truth of the charge