The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-11-05
THE CONSTITUTION AND FLAG
AGAIN.
The Controversy Takes a New Turn.
Judge Gear Draws a Line on Appli-
cation of Laws.

The constitution and flag controversy
took a new turn this morning in Judge
Gears court, when the application OF
w. c. Coon for a writ of habeas corpus
was decided. Coon is the man who was
found guilty on August 10, 1898, OF haV-
ing opium in possession, and VINO Jump
ed his bonds at that time and was ar
rested last week as he was passing
through on the Sonoma for Australia.
Col Tom Fitch contended that not only
the constitution of the United states,
but the laws as we'll, were extended 10
Hawaii by the Newlands resolution, but
the court was not prepared to go so
far. The application for writ was
denied.
This is an appeal for a writ of habeas
corpus on the ground that after the
conviction and judgment dismissing the
appeal, the statute under which convic-
tion was had was repealed and that
therefore the judgment ought not to be
executed now" said Judge Gear. THE
defendant was charged with having
opium in possession on the 9Th Of July
1898. On the 9TH of July 1898 the New
lands resolution was approved, and on
August II, 1898, the formal transfer OF
sovereignty took place.
Il decided in one case here that under
the decision of the Attorney General,
the Newlands resolution took effect on
the date of its approval ! find no au-
thority for the contention that the New
lands resolution extended the laws of
the United States to the Hawaiian ISL
ands, prior to June IA, 1900, when the
Organic Act took effect. The Newlands
resolution expressly continued the laws
of Hawaii of Hawaii in effect, as far as
they were not contrary to the consti-
tuition of the United States. The sta
tute against having opium in possession
was not contrary to the constitution of
the United States, as far as l can find.
1t was contrary to the laws of the Unit
ed States and has been so declared. This
court has held that the law against hav-
ing opium in possession was contrary ia
the laws of the United States, in that
the importation of opium allowed by
the laws, could not be completed with
out possession of opium here"
Judge Gear denied the writ and al
lowed the defendant to remain at liber-
ty on $1,000 bonds as before, pending ar
appeal, of which Col. Fitch gave notice
The court remarked that the attorney
had not given any argument in support
of the contention that the laws of the
United States were extended to Hawai-
by the Newlands resolution, and asked
Fitch upon what grounds he made such
contention.
IT claim that the mere fact of an
nexation, ipso facto, extended all the
laws of the United States to the Ha-
waiian Islands," said Col. Fitch, adding
that the law against having opium in
possession was also in violation of
United States treaties recognizing
opium, treaties being especially men,
tiond in the Newlands resolution. "As
far as the other contentious are con-
cerned," said the attorney. "I admit
that the defendant was convicted two
days too early. His conviction was
completed on August 10, 1898, and the
tranfer of sovereignty took place on Au-
gust 12."
Under other contentious Coon appears
to have been caught just one day toe
soon The accusation is having opium
in possession on July 6, 1885, just one
day before the Newlands resolution took
effect though the fact that the convic-
tion and sentence were not completed
until some time later, is said to furnish
grounds for release.