The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-04

y
of said Circuit Court at a recent term
thereof, as the affiant is credibly inform
ed and believes, instructed a Grand Jury
to consider the evidence proving Or tend
ing to prove that the defendants above
named had committed the felonies of
which they had already been convicted
as aforesaid, and if such evidence should
be sufficient, to find and return indict-
ments against them; that indictments for
said felonies were found against the
above named defendants, which indict-
mentS are now pending in this court, as
appears from the records of this court:
That the affiant herein is credibly in
formed and believes that said Second
Judge has announced his intention to
have said cases tried during the present
term of his said court; that such trials
will be in disregard of and contrary to
the decisions aforesaid of the Supreme
Court of the Territory having appellate
jurisdiction over said Second Judge, and
binding upon him as the law of the land
until reversed or modified by an appellate
and higher tribunal. and which decisions
are still unmodified and unreversed and
in full force and effect:
That a retrial of said cases, pending
said appeal to the Supreme Court of the
United States, must of necessity be null
and void until the aforesaid adjudica-
tons OF the Supreme Court of the Ter
rftory are reversed and that such re-
trials will subject the Territory to large
and useless expense, and seriously in
terfere with the legitimate work of the
Attorney Generals department without
having, in case of acquittals, the legal
effect of setting the prisoners at liberty
so long as said adjudications of the SUI
preme Court of this Territory remain UNI
reversed and in fun force and effect
The affiant herein further saws that
since the dictation and typewriting of
the foregoing statements. he has recefv-
ed letter from the Solicitor General of
the United States which letter Is as fol-
lows, to wit:
DEPARTMENT OF JUSTICE.
Washington, D. c., January nth, 1902.
Hon. E. p. Dole,
Attorney General
Honolulu, H. I.
Sir:-The motion to advance of which
I enclose a copy, in the case of the Ter
ritory of Hawaii Osaki Mankichi,
was submitted to the Supreme Court to-
day and was Immediately passed upon,
the court assigning the case for hearing
on April 18th next after the cases al
ready assigned for that day. Hon. George
a. Davis, opposing counsel, is now in
Washington but I am informed may
leave for Honolulu any day. have noti-
fed him of the action of the Court, and
am inclined to believe that If he is not
present to take part in the hearing he
WILL while here, engage other counsel to
the appellee.
Please let me know whether you desire
to come to Washington to take part in
the case. I enclose also a copy of the /
printed record
Respectfully.
(Signed) J. K. RICHARDS,
Solicitor General.
Also that the affiant herein has receiv
ed a printed copy of the Transcript of
Record IN the said case of Osaki Man
kichi before the Supreme Court of the
United States, and also a printed copy
Of the Motion of the Solicitor General of
the United States to advance said case
IN the calendar for an early hearing, the
closing paragraphs of which motion are
ls follows to wit:
Numerous criminals convicted of the
highest crimes known to the law, having
thus been DISCHARGED on habeas corpus
owing to this conflict of authority, have
been rearrested by orders of the attor-
1ey-general of Hawaii indicted by grand
iuries under the existing penal system,
and are now awaiting trial. In most of
these cases so much time has elapsed
since the commission of the crime and
he witnesses are so scattered that it Is
doubtful whether evidence sufficient to
secure a reconviction is obtainable- But
these criminals We're retired and re-
obtained. the supreme court
If the Territory of Hawaii would, as
h'ugs stand, unquestionably set them
side on the ground that the prior con-
-iction was legal. Owing to this con-
lict of judicial authority the most dan
rerous characters will be turned loose on
he community in those islands unless
he important constitut onal question in
-olved is promptly settled by a decision
# this court.
For these reasons. ii seems to me that
his case involves a public question Of
eriouS concern. not only 70 the Terri
orv of Hawaii. but to the United States
which 8 deeply interested in the punish
nent Of crime there; and I therefore sub
NIT that the case ought to be advanced
or hearing on such day during the pres
Mt term as may be convenient to the
curt
Notice Of this motion has been served
n o00osfns counsel, who is now in
Washington.
JOHN K. RICHARDS,
Solicitor General.
January Is, 1902
The afffant herein files herewith a copy
said Motion to Advance
Daed this third Gav