The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-27
brief FOR OSAKA


HHuu.. ur tH. Defendant ru.n.
Tn.r cas-. nr rHa United States sa.
/ nromo COURT
The defendants brief for rho United
] States supreme court Iu the case nf
/ OsaN MaulNuhi has been prepared. uE
/ George s.. Davis and H. NJ Brooks
] counsel for osaka and Brooks will
probably go tO Washington tp present
/ the case. 1t is set on the calendar at
/ Washington for April a. The brief
] contains some shots at Davis friend
! Associate Justice Perry that display a
! characteristic Davis touch The fol-
| lowing are extracts from the argu-
meut.
This prisoner was tried in United
States territory without the Indictment
of a Grand Jury by "a Circuit Judge
who was continued i'm office under the
Newlands Resolution. The President of
the United States had the power TO re-
move the Judge who tried this prisoner,
and yet it is contended that the Cousti-
. tuition did not apply. The words Of the
Resolution are, Municipal legislation
not contrary to the Constitution Of the
| United states shall remain i'm force I'M
! til Congress shall otherwise determine"
The third Assignment of Error. that
the Court erred in holding that the de-
PENDANT should have been indicted by
a Grand Jury. It is submitted that this
contention is not supported by reason
or authority. This Honorable Supreme
| Court i'm the case of Delima ct al,
Plaintiffs i'm Error, VS.. George Bidwell
decided May 27th 1901, says I'VE are
unable to acQuiesce in this assumption
that a Territory may be, at the same
time, both foreign and domestic" by
! the Second Art of the Treaty Of Peace
between the United States and Spain,
! signed December TO- 1898, and ratified
April II, 1899 Spain coded to the United
! States the Island of Porto Rico which
! has ever since been in our possession
and has been governed and administer
! ed by us. If the case depended solely
| up these facts and the question present
! ed, whether a country which had been
| ceded to United States, the CessiOn aC-
! copied possession delived, and the ISL
ands occupied and administered by the
! United States. without interference by
! Spain or any other power, was a for
| eign or domestic territory; 1t would
| seem that there would be as little hest
| tatiOn in answering this question as
! there would be in asCertainng the Ow-
| nership of a house decided in fee simple
! to a purchaser under law, who has sgI-
/ ed the deed, taken possession, raid
! taxes and made improvements with
| out let or hindranCe fOm his vendor.
/ This fg inst exactly what was done i'm
/ The case If Hawaii Tho isiands ,-ara
/ cadad the ceesion was arcanted ana
If became United states TERTIARY If
y.se ,,,t o,,l,, tt, ,t,tiI,, 80 C,,i,,Ir,
| to admit Hawaii into a Constitutional
| union with the United States but they
] have actually done so. The constitu-
| tional provision securing life. liberty
and property must have been in force
and extended to Hawaii on the cessfon
| of the territory and the acceptance of
! the United States. The verv words or
! the resolution "NuniriDaI legislation
of the Hawaiian Islands not contrary
! to the Constitution of the United states
shall remain in force until the Congress
! of the limited gfatas ebaII otbary,isl