The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-03
GEAR ORDERS TRIAD
(Contlnued from pace oneJ

Continued from page one)
law of the land until reversed or nodi.
| fed by an appellate and higher tribuna
and which decisions are still unmodified
and unreversed and i'm full force and
effect
THAT a retrial of said cases. pending
said appeal to the Supreme Court of the
! United states, must of necessity be
null and void until the aforesaid adj
! Indications of the Supreme Court Of the
! Territory are reversed; and that such
retrials will subject the Territory to
! large and useless expense and serious
! ~ interfere with the legitimate work of
! the Attorney Generals department,
without having, in case OF acqulttals,
| the legal effect of setting the prisoners
| at liberty so long as said adjudiCatiOnN
| of the Supreme Court of this Territory
| remain unTeversed and in fun force and
effect.
"The afiant herein further says that
since the diCtatiOn and typewriting of
! the foregoing statements, he has re-
ceived a letter from the Solicitor Gen
eral of the United States, which letter
| is as follows. to witt
" Department of Justice Washington.
d. c., January 18th, 1902
" Hon. e. p Dole, Attorney General,
Honolulu, H. 1.
]
! L enclose a copy in the case OF the
! Territory of Hawaii VS.. Osaki Mankicht
was submitted to the Supreme Court to-
/ day and was Immediately passed upon
| the Court assigning the case for hear
! ing on April Ia, next, after the cases
already assigned for that day Hon
! George A. Davis, opposing counsel is
now in Washington but 1 am informed
may leave for Honolulu any day. i
| have notified him of the action of the
! Court, and am inclined to TO believe
| that If he is not present to take part I'm
the hearing he will, while here, engage
other counsel to represent the appellee.
please let me know whether you de-
! sire to come to Washington to take part
| in the case. I enclose also a copy of
| the printed record.
respectfully, ]. X. RICHARDS,
Solicitor General"
"AlsO that the affiant herein has re-
| Ceived q printed copy of the Transcript
! of Record in the said case of Osaki
| MankiChi before the Supreme Court OF
the United States, and also a printed
copy of the motion of the Solicitor Cen
| eral of the United States to advance
said case on the calendar for an early
hearing, the closing paragraphs of
which motion are as follows, to wit:
Numerous criminals convicted of
the highest crimes known to the law,
having been discharged on habeas cor
pus owing to this conflict of authority,
have been rearrested bv the orders of
the acknowledgements Of Hawaii, indic1-
ed by grand juries under the existing
nanai system and are nov awaiting
triaI In most Of these cases So much
time has eIapsed since the commission
of the crime and the Witnesses are so
scattered that it is doubtful whether
evidence suficient to secure a reconyto-
ton is Obtainable. But if these crimI-
mails were retired and reconvictions OH
tanned tba supreme court Of fine Ter
ritorv of Hawaii would. as things stand
uuoliestionablv set them aside on the
ground that the prior convictions we're
legal Owing to This conflict of judicial
antbopitv the most Dangerous Cbarac-
ters viii he turned loose ON the com
munitv i'm these islands unless the i'm
portant constitutional question involved
is promptly settled nv a decision of this
coilrt.
'FoI. these reasons. If seems to me
that this case involves a puplic uues-
tion of serious concern. NOT only To the
TERRITORY of Hawaii. but to the United
States, which is deeply Interested in the
punishment Of crime there: and there
fore submit that the case ought TO be
advanced for hearing on such dav dur-
ing the present term as may he conye-
nient to the court.
Notice of this motion has bean
served on opposing counsel. who is now
in WASHINGTON.
JOHN X. RICHARDS.
Dole also desired to file a protest
against the trials being heard at this
time. 1t was addressed to Hon. George
ID. Gear. as second Judge, but the court
refused to allow it to be filed in such
form. As a written argument II was
finally filed. 1t contains the following.
The test case of Osaki Mankichi.
now pending before the Supreme Court
of the United States, involves the legal
ity of the conviction between August II.
1898, and June IA. 1900 of nearly thirty
men for murder, manslaughter. rape
and other crimes of like magnitude.
The Supreme Court of the Territory
Justice GaIbraith Bdissenting. holds thar
these convictions were legal, and l con-
slider it my duty to use every legitimate
means at my command to prevent these
men from being turned loose on the
community, until the Supreme Court of
the United States leaves me without