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

Continued from Page 81
tory of the United States. The question:
themselves are new and involve princi
pies the future Importance of which it il
impossible to fOreSee, and in regard Il
the application of which strong lawyer:
widely differ. 1t seems to me that to try
these cases at the present term is tC
forestall the decision of the Supreme
Court of the United States. 1t is also il
disregard of the decisions of the Supreme
Court of the Territory, which are binding
upon this court until reversed by the Su
preme Court of the United States. The
perfection Of the appeal in the case OF
OSaki Mankichi stays proceedings in al
Federal courts inferior to the Supreme
Court of the United States and being a
test case framed to settle the law of all
these cases, it seems clear to me that Ii
should likewise stay proceedings in the
territorial courts. Furthermore, the de-
cisions of the Supreme Court of the Ter
ritory, if unreversed, will make these
| trials a judicial farce.
| In the interest of public economy, of
| public justice and of public safety, as
well as out of respect for the Supreme
Court of this Territory and for the au-
gust tribunal to whose decisions this
court and all other courts in the United
States must bow, I consider it my duty
| to earnestly protest against a retrial of
| these cases during the present term
Dated this third day of February, 1902.
Very respectfully submitted.
(Signed) E. P. DOLE.
Attorney General.
Judge Gear interrupted the reading
several times. while George Davis grin
ned at the court, knowingly as the At
torney- General proceeded.
rs that sworn to?" asked Gear as
the reading was finally concluded.
mo; it is in the form of a motion,
protest and argument answered Mr..
Dole.
II object to that notion" said Mr..
Biting. THE courts of the United
States give every man the inflexible
and absolute right to a speedy trial.
and even admitting that the grounds of
the motion are good in the other cases
George Wade is not to be bound by any
condition of affairs in the United
States Supreme Court. I demand for
Wade the right of immediate trial.
THE court will not allow one motion
to cover all these cases." said Gear.
Separate motions must be presented
in each case. In any event the court
will not allow the filing of that paper
unless the letter to the Hon. Geo. d.
Gear is expunged. 1 would also like to
ask, Mr.. Attorney General, whether
you intimate that this court threatened
to take up these cases at the present
term. Let the records show what
really are the facts, that one OF the
members of the Attorney Generals de- |
partment came to me and asked when /,
these cases would be tried, and L told /;
him probably at the present term. !
II am not responsible for any posi- .
bic construction the Court may put
upon this paper: all we want is to have
these men tried under the laws of the ;
and replied the Attorney General.
Il would ask how the Attorney Cen ,
eraI intends to proceed. You can't take
Doth courses in this court; either you
must stand upon the first conviction,
II upon the Indictment by grand jury
Il intend to pull all ropes possible to
nave these men brought to justice, and
hat is the stand L have always TAX
IN" /
This court is not going to allow all
opes to be pulled replied Gear angri-
V. You will have to state what you
intend to do. You can't hoodwink this
,ourt any longer. If you think they
ire legally in Jail now, the court wants
o know it, and the Attorney General
must take one course or the other.
Which shall it be?"
This department intends to hold the
nen under both proceedings"
You can't do that; it must be one
II the other. The court will again ask
'ou whether George Wade is held in
under the Indictment by the
rand jury. or by virtue of the previous
OnViction."
He is held under the original con- /
lotion. and also under the indictment
eturned by the grand jury summoned !
Y your honor"
1T is the duty of the Attorney Cen /
hall pursue; it must be one or the {
Their"
This department will do its duty as I
sees it. This is an independent de- l
artment of the government, just t
he courts are, and it can not be in /
tructed as to what that duty is" re- {
lied Mr.. Dole. n
The court has a right to say what
hall be done in cases that come be- t
Dre it. If that is the position of the q
-ttorney General this case will be I
AIKEN up Immediately. / have assumed L
nat this man was held under the in
ictment obtained before a grand jury, t
nd this is the first time that I have I
nown he is held under the old con- c
lotion. 1 had the pleasure of hearing
n officer of the Attorney Generals De- Fl
artment state that the policy of the =
overnment was to follow the decision
id down here by United States Judge o
stee, which is the only ruling that is
ght. and these men We're then inn n
ediately placed in jail under indict- a
tents by a grand jury. That is the Il
My way they can be legally in GUS il
,dy''
This is the first time that I have Q,
lard that the Attorney Generals De- f.
1rtment had announced its intention y
following the decision of the United G.
-ates Court. The law of this Terri a
ny is that of the Supreme Court of h
avail and that is the only law which
lis department can follow s.
What if the United States Court d.
dds differently?" s.
The United States Court is not a 10
urt of appellate jurisdiction