The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-15
THE COURTS ARE
At LOGGERHEADS
CONFLICT BETWEEN THE FIRST
CIRCUIT COURT AND THE
SUPREME COURT.
LORRTN ANDREWS SITS UP MAX
ING wRITs.
Davis Says He win Take The Smith
Matter Before the Department Of
Justice at Washington.

The Supreme Court and the Circuit
Court are at lOggerheads over the Smith
contempt matter, and the case will be
another matter for the Department of
Justice to settle. Yesterday afternoon
the three circuit judges decided that the
writ of habeas corpus issued by Chief
Justice Frear, was invalid, because
Smith was not taken before FTear when
it was issued but this morning Chief
Justice Frear stood by his writ. AS
the matter now stands the editor is at
liberty on a writ which the Circuit
Judges have declared void and the next
expected step is a citation calling upon
the High Sheriff to answer for con-
tempt in that he has failed to execute
the sentence of the circuit court.
Attorney Andrews has a large pile Of
writs on his desk. He sat up most Of
the night preparing wTits, to be ready
for the fray this morning. Whatever
happens Andrews will have a writ ready
for the occasion. Writs of habeas cor
pus, writs of certioTari, writs of prOhibi-
ton, writs of all kinds are there at
hand, and if the circuit judges do any
thing radical the Supreme court will
be appealed to without delay.
Davis on the other hand relied upon
the Circuit Court ruling of yesterday al
teTnOOn. In ruling upon the action Of
the Chief Justice of the Supreme court
the circuit court while deciding that
the writ was vOIu and that Sheriff
Brown was legally in contempt for re-
leasing Smith without authority also
decided not to take any immediate ac-
ton, but to wait and see if, when the
matter was presented to Frear, he
would take the same view, and dissolve
his writ.
But the Chief Justice stood by his
guns. Davis appeared before him to
argue for the incarceration Of Smith,
declaring the writ void, but FTear said
the proceedings were regular
There is not case to be found in
any land under the sun" said Davis,
where a man under sentence for con-
tempt was admitted to bail 1t is an
unheard of proceeding. Things are
coming to such a pass in this COM
munity that We shall soon have people
carrying guns all round and shooting
one another in the streets. When the
courts do not protect people they take
the matter into their own hands, and
if things are to keep on here as they
have been we shall be like the West
once was.
mo, 1 never carry a gun" continued
the attorney. "I don't care what they
do. Let EN- put my picture in the pa
per every day, but if the courts keep on
this way, some others may take their
own measures for self-protectiOn.
"The chief justice told me himself
that he considered the proceedings bad
practice Why, they issued the writ
and order to admit to bail both at
once, and before the mittimus was
made out. The man was admitted 20
bail before they knew what he was in
for"
"The attorneys have been to see me
and l told them that l considered the
proceedings regular" said Chief Jus
tice Frear In reply to a question he
stated that the writ would remain in
force and the order of admission to pail
would stand.
Lorrin Andrews visited the judiciary
building at about noon, when he had
made out all the wrjts he could think
of. expecting to find something doing.
Judges Humphreys and Robinson had
gone and Chief Justice Frear left soon
after, without any action having been
taken, but it was expected that some
thing would be done any moment An
dreWs agreed with the chief justice that
the proceedings had been proper but
he didn't know exactly what to expect
next. Not knowing just what sort of a
writ would meet the next move, he had
writs of every sort ready Il don't pro
pose to have a sudden move made that
will land Smith or the High Sheriff in
Jail over Sunday" said the attorney,
just as Davis flew by at two-forty
gait, as if he scented battle.
ITS not my move" was Davis posi-
ton, however. "Tve done all there is to
be done. Now let them leave it alone
or change it. I don't care. ] pOrpose to
submit the whole thing on the records
to the Department Of Justice at Wash
ington."