The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-04-01
There Weren't Citizens Enough
T. p DOLE TELLS SUPREME COURT THAT THERE
WERE NOT AMERICAN CITIZENS ENOUGH IN
SOME CIRCUITS DURING THE TRANSITION
PERIOD TO CARRY OUT GRAND JURY SYSTEM.

In his supplemental brief in Mankich the United
States Supreme Court arguing that under the conditions which
existed during the transition period did admit carrying
the theory that the fifth and sixth amendments the cons
tuition OF the United States extended here propra vgore,
the former Attorney General Z. p Dole continues thus
Neither the Hawaiian the Hawaiian legislature had
authority TO make American citizens There were no American
citizens Hawaii prior I4 1900 except those who
such by birth or by American naturalization According to the
official of 1906 they numbered less than onetenh
OF the white population OF the islands The islands were divided
into five judicial circuits districts. The American pOpuao,
mostly in the first circuit The other four circuits, with
population OF 688I5 contained only 658 American citizens
OF the o8 lived on remote islands, and Tor practical purposes
beyond the reach OF Counting and
children old sick absentecs professional and
Government officials exempt by law from jury duty and men
who had taken the oath Of denzaon required by Hawaiian
law, there probably less than citizens Of the United
States eligible and available for jury duty under the fifth and
sixth amendments in four circuits with an aggregate population
of 688I5
The fifth circuit with population of 1892, contained only
90 male citizens ohe United States including boys; not more
than 80 the most eligible and available for jury
fifth and sixth amendments yet the law required
that 80 should be summoned for the petty and there
be grand jury OF less than 10.
The law does not corntenance the
possible The language of Mr. Justice Field in In Ross GAO
T. S. 464, is strkingy applicable to these conditions:
And BESIDES their enforcement abroad in numerous places
where would be highly important to have consus invested with
judicial authority would be mpactcabe from the mposb1ty
of obtaining competent grand petit jury The requirement
of such body and try offender wotd in majority
of cases, cause abandonment of all prosecutions.
The strength the fundamental idea OF the jury system whet
grand petit that represents the people The petit jury
The twelve invisible Judges whom the eye OF corruption
nowhere to be found until the moment when the balance OF
Justice being placed hands, they hear weigh determine
pronounce and Immediately disappear and lost in the crowd
OF their felOW-citzens.
The Jury system designed safeguard Its chief function
IS to distribute administration OF justice divide the respon
sby among all classes and not to concentrate Its burdens and
responsibilities upon few Where urymen must be drawn from
nationality numbering less than one iii hundred OF the popua-
ton the representation public which the jury system is
designed embody does and not exist Assuming the
legal machinery could have been provided for drawing and I'M
aneIug Grand ries during this period such pro-
.,I,r would have he
suon Of the United States The letter OF the Constitution is
strained the destruction of its spirit The letter OF
the law kileth; the spirit gVeth life.
fifth and sixth amendments were in force during the
transition period neither the substantial interests OF the Hawaii
Islands the people born there nor OF
people elsewhere could have been represented by any
Jury II Hawaii had been subjugated but still hostile country
such might have been justified by military law but
Hawaii to the United States with open arms condng III
the honor justice and friendship OF the American people and
believing had retained such local rights OF citizenship as
essential representative in local affairs and
the preservation OF law and order
1t is nconcevable that either the Republic OF Hawaii or the
United States should have intended subject the people
of Hawaii conditions incompatible with the protection OF
property and presumption OF civilized government we
examination OF the contract with the strongest
presumption that such outrage was contemplated by either
party :,
The Nevand resolution declared that until Congress shall
provide the government of such islands, all the civil judicial
and military powers exercised by the officers OF the existing gov
eminent said shall be vested in such person persons
and shall such the President OF the
~ States shall direct. and the President have the
to remove and fill the vacancies occasoned Inc
existing OF the Hawaiian Islands shall forthwith cease
and determine being replaced by such treaties exist or as
NAV concluded between the United states ana sC
foreign nations The municipal legislation OF the aWalan ISL
ands not enacted for the uflmen OF the treaties SO exn-
puhed and with this joint resolution nor con-
ary to the Constitution OF the United States nor OF any eXlsg
treaty the United shall remain force until the con-
pres United States shall otherwise determine Onu leg
aon shall enacted extending United States customs laws
and regulations to the Hawaiian Islands, the existing customs
relations Hawaiian Islands with the United states and ON
er countries shall remain unchanged. * SO long
as the existing and the commercial relations
of the Hawaiian continued herenbetore PROVIDED
for said government continue pay the interest on SAID
debt No Chinese by of anything herein contained
shall be allowed to enter the United States from the Hawaiian
Islands who shall, as reasonably Pracuca-
Bile recommend Congress such legislation concerning he ma
waiian Islands as they shall deem necessary and proper