The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-17
REMAINS IN
STATUS QUO
Contempt Case
Will Probably
Wait.
RELEASE ON BAIL
HELD TO BE GOOD
Chief Justice Frear Stands by
Order-hish Sheriff Expects
Contempt Citation.

Nothing further is now likely to he
done in the Smith contempt case until
the Supreme Court meets Monday,
| April 21st, at which time will be heard
the application for discharge upon
writ OF habeas corpus. Chief Justice
Frear decided Saturday that the re-
lease on bail upon the order previous
~ made by him was valid, and there
| the matter stands. Though Judge
Gear threatened High Sheriff Brown
with contempt proceedings for releas-
| ing mir. Smith. il is generally agreed
! that this was simply case OF BLUM
upon his and Humphreys part and
] that the matter will now be allowed
| to rest until regularly called up in the
! Supreme Court.
Judge Robinson stated last evening
/ that nothing had been done since the
! decision of Chief Justice Frear. and he
/ said further that he did not believe
| any further action would be taken, at
| least not in so far as he was concern
ed.
/ High Sheriff Brown has not been
/ served with any notice to appear be-
! for the Circuit Court for the execution
Of the order of the Chief Justice. and
despite the threats of Humphreys ana
/ Gear that If the writ was not dissolv-
| ed, further action would be taken by
| them. IL is not believed that they VIII
attempt to carry out their program
ANY action on their part which would
seek to interfere with the execution of
an order by the Supreme Court would
probably result in a citation for the
circuit judges to- appear before the
chief Justice to show cause for con-
tempt. as the case has now passed from
the Jurisdiction OF the lower court, and
is in the Supreme Court.
II was expected that IL any further
action was to have been taken. IL
would have been Saturday afternoon,
after the Supreme Court justices had
gone to their homes. Humphreys and
Gear tried their best To get Mr.. Smith
into prison. even though il was only
for a few minutes, and they would
have liked To force him to spend sun
day there. After the decided stand
taken by the Chief Justice in regard
to his former order, there was nothing
further to be done and Davis and the
two Judges seem to have given up the
fight. at least for the present DAVIS
is a very much Disguised man. After
ne had been politely Informed that the
order in the case would not be chang
ed. he left the building angrily de-
nouncing the court, and visibly in con-
tempt. according to the version OF that
offense he gave in the Smith case. He
threatened that if this state OF affairs
continued people who were cartooned
WOULD DtRln To guns iihT hhtS
usel to- do out west. Personally, il
don't make any difference TO me" said
Davis. for / am used to that sort OF
thing. but some OF the people who
are being cartOoned won't stand II
much longer. and if there is not pro-
lection in the courts, we Will have To
protect ourselves.
At present there is no conflict be-
tween the courts. The Circuit Court
has held one way, and Chief Justice
Frear takes a different view of the
matter If there is to be any conflict 1t
will be precipitated by Humphreys and
Gear. for il can only be by an attempt
on their part to override an order OF
a higher court, that any conflict can
come Unless some action is taken in
the lower court today, the contempt
case will remain in status quo until
the 2lst of April. when the motion for
a writ of habeas corpus Will regularly
come up for hearing.
Davis says he will refer the whole
matter to the Department of Justice
at Washington. though his promised
attack on "one \. Perry failed to