The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-22

is OFFERED
Smith Contempt
Case Before
Court.
DAVIS THREATENS
TO QUASI WRIT
Election Expense Case Heard by
SIP ere Court-KamaIo Case
May be Thrown Out.

The Smith contempt case was defln-
itely set for this morning at 10 O'Clock
by the Supreme Court yesterday. At
that time if George Davis carries out
the intention he expressed yesterday.
he will move to have the writ of ha-
beas corpus quashed on the ground
that it is illegal and void on it's face
An amendment is to be offered also by
the petitioner bringing up several
points not mentioned in the original
petition.
When the matter was called up yes
| terday morning in'its regular order Mr.
Lewis stated that the petitioner was
present. and the advice of the court
was desired as to further procedure.
Attorney General Dole said that he
had not been notified that he was to
appear in the matter. 'It seems to me
that the proper way would be to have
the case represented in Supreme Court
as it was in Circuit Court" said he
II doubt II could argue this case can
didly, and believe it would be in better
propriety and fairer for the Circuit
Judges TO have them represented by
private counsel"
George Davis expressed his perfect
willingness to appear in the case, and
there being no objection he was enter
ed as counsel for the respondent Mr.
Lewis asked that the case be presented
in its regular order. as it was an i'm
portant question, involving the con-
struction Of the statutes, and likely to |
be p precedent. Mr.. Davis insisted |
that il should be taken up immediate |
ly, and the Supreme Court finally set |
the hearing for this morning at 10 |
o'clock.
When motions were called up Mr..
Andrews presented an amendment to
the petition for a writ of habeas cor
pus.
The amendment which petitioner
asked leave to make gives the follow
ing additional clauses:
That the record OF proceedings
shows that said proceedings were lille
gal and irregular in this. to wit: that
your petitioner was tried by a court
which does not exist. to wit, the First
Circuit Court sitting in Banco, not by
The judge concerning whom the con-
Tempt was alleged to have been COM
nitted or by the judge issuing the writ
That the order to show cause COM
handing your petitioner to appear was
igned by one judge OF the First Cir
uit Court, to wit, the Honorable A. S.
and that the trial was not
eld before that judge; that the mitti-
nus herein was signed by another
Judge of the First Circuit Court, to
Tit. the Honorable G. d. Gear, all OF
'hich more fully appears from the
leaGings and proceedings filed herein"
Mr.. Davis objected to the considera-
on OF an amendment, and said that
was improper to amend a petition on
abeas corpus. Mr.. Andrews replied
nat an amendment could be offered at
ny time.
The writ is void on the face OF it,"
etorted Davis angrily. TIL move to
nash it altogether. if you want to
rec this amendment"
1t was finally ruled by Chief Justice
rear that the proffered amendment
over until morning. when it will be
ken up prior to the hearing of the
,ttion. Davis read from the statute
at the Circuit Court shall be COM
'sed of two judges" but the argu-
ent was not allowed.
HITCH IN KAMALO CASE.
When the Kamalo case came on in
order. Mr.. Davis stated that the
Sc was further down on the calen-
r than il should have been, and he
ked that II be taken up as som as
ssible. Mr.. Magoon stated that
otion would be made TO strike the
peal from the calendar altogether.
the ground that the transcript OF
idence had no, been filed within the
! day limit required under the new