The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-13
THE RIGHT i ]:
OF APPEAL
Argued Yesterday
TO Supreme
Court.
HABEAS CORPUS
HAS A HEARING
Pahia Case Heard in the After
Monochrome Tax Comes
Pahia Case Heard in the After
noon-Income Tax Comes
Up This Morning.


support of the appeal Of the Territory
in the habeas corpus cases of lhara
Ichigoro Osaki Mankichi, Yamane Mem
chiro Goto Hayzo, and All Oh, all OF
lenses during the transition period, and
released from custody by Judge Gear,
who declared the convictions illegal
and contrary to the Constitution. In
The afternoon the case of Frank Pahia,
released on bail after the Circuit Court
had refused the writ of habeas corpus
and remanded him to jail, was present
ed. The Pahia case will be taken up
again this afternoon, following the in
come tax case, which is set for this
morning at 10 O'Clock.
A partial victory was scored by the
ATTORNEY General and Attorney Robert
son in that the Supreme Court listened
to arguments not only as to the right
of appeal but also as to the appeal it
self
The Attorney General read from an
exhaustive and carefully prepared BRIEF
in the habeas corpus cases, presenting
the subject from every side. be ar
gued in opening that there were but
is the order of discharge made by the
Circuit Judge applicable? Second, were
the convictions in violation Of the sixth
and fifth amendments TO the Consutu-
ton of the United States?
Quoting from the argument OF MT
Dole: THE Judge of the Circuit Court
irrespective of the question whether the
convictions were in violation of the
re of
Constitution of the United States, erred
| IN c;scharging the prisoners instead OF
lreTnanding them or admitting them to
| bail"
In response to a question from Judge
Galbraith as to the method of appeal
the Attorney General replied that he
believed he had the right to general
appeal. and a writ of error was unnec-
| essary He also quoted section 1888,
which he said plainly gave the Terri
trry the right to appeal. This section
declares that appeals shall be allowed
from ALL decisions, judgments, orders
or DEGREES of circuit judges in chambers
TO the Supreme Court" Continuing,
the Attorney General said, IF the or
der of a circuit judge discharging con
/ victed felons on habeas corpus is not
unauestionably true in this case-acts
honestly and in good faith, however
mistaken his views of the law, and how
even cranky he may be, he is virtually
beyond human control Law is made
for man, not man for law and the
rublic safety is the supreme law.
submit that the Territory's right of ap-
peal under section 1888 is too clear to
be- doubted"
The second part of Mr.. Dole's argu-
mem referred to the appeal proper, 60
ing into the question of the constitu
t:onal lily of the convictions, which hi
argued before Judge Gear on the origi-
nal proceeding. The general argument
presented by him was, The DeLimf
and Crossman decisions establish the
proposition that Porto Rico. after thu
United States took full possession of it
and the Hawaiian Islands, after thu
United States had annexed them. were
| not foreign countries, and therefor
not within the provisions of the Ding
ley tariff act relating to importation
from foreign countries. There is no in
timation in these decisions, or anything
in the opinions rendered, as far as
Ilhave found, which gives color to tn
| claim that the first ten amendments t
the Constitution of the United State
were extended to these Islands, eithe
on the 18th day of July or the 18th da
of August, 1895"
In closing his argument Mr.. Dol
said:
III Constitutions and laws are made TO
man. They must be interpreted and ex
! ecuted in the light of common sense 70
nd uat1- hntr 0f
! for whom they were made. Self-preser
walton Is the first law of nature. To hol
that presentments by grand juries an
unanimous yerdicts (not sanctioned b
! the laws of the Republic of HawaiD wer
: Indispensable during what the Suprem
Court of Hawaii, and, in effect, Chic
Justice Marshall and the Supreme Cour
. of the United States, have termed tn
| transition period, Is to hold that TO
; about two years there was absolutely n
legal machinery in these Islands for tn
protection of life, liberty or propert,
from any grade of crime punishable b,
: Imprisonment at hard labor exceedin,
one year: 1t Is to hold that law wa
dead or sleeping, and that the only pro
lection from murder outrage and pillag
was an appeal to Judge Lynch.
Neithers Congress nor President McKin
ley intended such a condition as this
but the reverse. The Constitution of tn
| United States was framed by men 81
. wide and far seeing that 1t has proves
: adaptable to the growth of the American
Republic and the extension of American
, empire. 1t has adapted itself to tn
growing conditions as the bark of a ire
| adapts itself to the growing fiber beneatl
it. The theorists who make haste to de
clare unconstitutional everything grow
ing out of conditions not found in tn
I lsection of the United States from which
they came, If they could have their way
weuid stop the onward march of genuin
Americanism, which is enlightened com
\ mon sense.
Dated this 18th day of August, 1901.
TERRITORY OF HAWAII.
BY E. p. Dole, Attorney General.
MR.. DAVIS REPLIES.
Caoroa w Dav;s renliad IN tho arp1,