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

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luna. applied to the Honorable George D.
Gear, Second Judge of the Circuit Court
of the First Judicial Circuit of the Ter
ritory of Hawaii, to be released and dis
charged from imprisonment by writs Of
habeas corpus on the grounds that said
indictments, arraignmentS, trials, con-
victionS and sentences were contrary to
and in violation of the Fifth and Sixth
Amendments to the Constitution of the
United States; that said Second Judge,
upon a hearing of said petitions. granted
the writs of habeas corpus and ordered
said defendants discharged from impris-
onment upon the grounds above set
forth, all of which appears from the rec
! ords of said court:
! That the Territory of Hawaii thereupon
appealed from said orders of said Judge
discharging said defendants, to the Su-
preme Court of the Territory of Hawaii.
which court sustained said appeals held
that said defendants had been legally
tried and legally convicted, and remand
ed them to Imprisonment, all of which
appears from the records of said court:
That, subsequently, Osaki Mankichi a
defendant in three of the cases of the
above entitled cases. applied in one of
said cases TO the United States District
Court within and for the Territory of
Hawaii, to be released and discharged
on habeas corpus from Imprisonment
upon the same grounds alleged by al
of the above entitled defendants, includ-
ing the said Osaki Mankichi, in the pro-
ceedngs before said Second Judge here
infore set forth; and that the Honorable
Morris NJ. Estee. Judge of said District
Court of the United States, upon hear
ing of said petitions. granted said petit
ton of said Osaki Mankichi and ordered
him released and discharged from i'm
prisonment, the grounds that the
aforesaid proceedings against him in said
circuit and supreme courts of the Re
public of Hawaii had been contrary to
and in violation of the Fifth and Sixth
Amendments to the Constitution of the
United States: and that the Territory of
Hawaii by the affiant herein, thereupon
duly took and perfected an appeal from
SO d order Of said District Court dis
charging said Osak. Mankich' 20 atore-
said to the Supreme Court of the Unit
ed States, all of which appears from the
records of said United States District
Court. which appeal Is now pending be-
fore the Supreme Cour- Of the United
States:
That the questions of constitutional
law involved in said case of said Osaki
Mankichi are same questions as those
involved in each and every one of the
above entitled cases. and that an adjud-
ication of these questions by the SUI
preme Court of the United States in the
case of said Osaki Mankichi must oper-
ate as an adjudication of the same ques-
tons in each and all of said cases:
That the affiant herein is in receipt of
a letter from the Attorney General of the
United States. under date of December
2sth. 1901. which letter is in words and
figures as follows, to wit:
DEPARTMENT OF JUSTICE.
Washington, D. c., Dec. q. 1901.
Hon. z. p. Dole,
Attorney General,
Honolulu, H I.
Sir: Your letter of Nov. Is, in relation
to the appeal to the Supreme Court of
the United States from the district court
of the United States in and for the Ter
ritory of Hawaii in the case OF the Unit
ed States VS. Osaki Mankichi. was duly
received and has had careful con-
sidera ton.
AS the case Is evidently one of import
ance, I will examine the record as soon
as 1t reaches here. and. If found to be in
proper shape, will have the record fled
and printed and the case docketed at the
expense of the United States. and enter
an appearance. The case will then be
looked after in the Supreme Court by
the Department. II you have any briefs
or lists of authorities on either side I
would be glad 10 receive copies OF them
as soon as possible.
The case would not be reached in or
binary course for hearing during the
present term of the Supreme Court. nor
indeed until quite late during the term
commencing October next. In view of
the Importance of the case, therefore.
and the difficulty of giving notice ow-
ing TO distance. I suggest that you agree.
II possible with opposing counsel, that
4 motion TO advance the case may be
submitted to the court by the Depart
rent. for hearing on such day during say
March or April as may be convenient to
counsel and the court, and send me such
sgreement signed by counsel.
A motion to advance will then be sub
T1itted. and as soon as acted upon by
he court I will advise you. Possibly the
appellee might desire to employ counsel
n Washington 70 look after the case.
Please let me hear from you on this mat
er as soon as possible.
Respectfully,
(Signedl p c. KNOX.
Attorney General.
p. e return herewith the draft
which you enclose with your letter for
expenses.
That. Notwithstanding the decisions OF
he Supreme Court OF the Republic of
Iawaii and Of the Supreme Court OF the
81 Hawaii above referred to
nd the tendency OF said appeal OF Osaki
iankichi before the Supreme Court of