The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-25
THE TRANSITION
CASE IMPORTANT
NEW YORK ATTORNEY COMPARES
IT TO THE FAMOUS DRIED SCOTT
CASE OF SLAVERY DAYS.

The Osah Mankichl case, on appeal
from Hawaii to the United States Su-
preme court is attracting much atten-
ton in the Eastern states, and is re-
COgnized as one of the most important
constitutional appeals that has come up
for long time. In an address before
the Acadamy of Political Science, at
Columbia University, it was referred to
as next in Importance and interest to
the famous bred Scott case. The adj
dress was by Frederick r .Coudert, Jr.
of New York who has become associat-
ed with George A. Davis and F. NJ.
Brooks as counsel for the prisoner
whom Estee released on habeas corpus.
Attorney General Dole will leave next
month for Washington to argue the
case.
In the course of his address at Column
bia, on the subject of practical Legal
Difficulties Incident to the Transfer of
Sovereignty" the New York attorney
discussed the insular cases and pro-
blems in the Philippines at length, and
referred to the case on appeal from
Hawaii as follows:
For example, one of the United
States District Court Judges in the Ter
ritory of Hawaii has held that the trial
of person accused of crime was Illegal
and unconstitutional, because under the
| Hawaiian laws parties charged with
! crime, are tried on information and
may be convicted by vote of nine jurors
"A Japanese laborer has just been
| released after conviction, on habeds
| corpus on that ground. He had been
convicted of manslaughter consequent
upon an alteration with a Chinaman.
| The Territorial Courts had held that
| trials were not affected by the United
| States Constitution, but the United
States judge now deciding otherwise,
| the question must be settled by the Su-
preme Court of the United States.
| Here Is a case which, when decided
must create widespread interest; per-
| haps no case since the bred Scott case
is more far-reaching from the stand
point of Constitutional law and juris-
prudence. The question is this. Hawaii
was annexed. The joint resolution that
took it over (the Newlands resolution)
prescribed that all municipal laws in
force in the Territory of Hawaii not
contrary to the Constitution remain
in force until Congress shall otherwise
ordain.
Under the laws of Hawaii the
usual course of procedure in criminal
cases was on information filed by the
| prosecuting attorney and a trial before
| a petit jury of twelve men, nine of
| whom could convict. 1t had been the
| system there for long time. After
! the passage OF the NeWlandS resolution
! trials went on in the same way. Finally
| some American lawyers raised ques-
! tion as to the constitutionality of that
| method by suing out a habeas corpus.
and the Supreme Court of the territory
! divided on the point, finally holding
/ that the fifth and sixth amendment did
not apply. An application being made
to the United States District Court,
Judge Estee held it unconstitutional 70
s4l
mon law jury, the effect being to free
| the japanese prisoner just spoken Of"
The attorney proceeds to discuss the
attitudes of the Supreme justices, as
! shown by their insular decisions, and
concludes that four of the justices are
| likely to hold that the trial was not
! by a common law jury and concludes
! that four of the justices are likely to
! hold that the trial was not by legal
! trial" while Justice Brown is referred
to as the balancing factor in the
! court"