The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-12-13
kauai JAPS
CARRY GUNS
Chance for information.
al Complication On
Garden Isle.
tFrom saturdays Advertiser)

whom IL was Sa1d that there are sew
eral hundred. have been latterly gather
ing for drill purposes near Lihue in
manner that raises the question OF the
preservation of the neutrality Of the
islands.
These Japanese who are, as 1t ap-
pears. reservists of the japanese army,
who have presumably been or who are
about to be ordered to their colors have
been drilling on the plain near Lihue
for several weeks past. They have reg
ular drill, with officers and men in uni
form and colors flying. but up to a
few weeks ago their maneuvers were
performed with wooden guns. These
facts were reported by the police Off
GERS on Kauai.
Latterly, however, the sounds of fir
ing have been heard to come from the
drill ground of the japanese. indicat-
ing that the soldiers have obtained guns
from some quarter and that their prep
arations to go to the front have there
lore dSSulIltu Il more "dTllhe
manner. Whether the men have OBJ
tanned guns enough to arm them com
pletely, or whether they have got only
a few rifles with which to indulge in
target practice is not stated.
The incident has sufficed to raise the
question of the preservation of the neu-
trality of the Islands and it is prob
able that there will be a looking up of
the law upon the point. President
Roosevelt, at the beginning of the pres
ent war between Japan and Russia, is
sued proclamation defining neutrality,
setting forth somewhat in detail those
things which it was forbidden to resi-
dents in a neutral state to do so long
as a state of war subsisted between
powers toward both of whom the United
States was friendly. This proclama-
tion relates largely, naturally enough,
to ships and shipping, but it contains
this provision among things forbidden:
beginning or setting on foot or pro-
viding or preparing the means for any
military expedition or enterprise to be
carried on from the territory or juris-
diction of the United States against the
territories or domains of either of the
said bellig rents"
This, in effect, is a reading of tn,
revised statutes of the United States
with reference to the preservation o
neutrality. The revised statutes, sec
tion 52S2, says:
Every person who, within the terri
tory or jurisdiction of the United States
enlists or enters himself, or hires, oi
retains another person to enlist, or en-
ter himself. or goes beyond the linn
it's or jurisdiction of the United States
with intent to be enlisted or entered in
the service of any foreign prince, state
colony, district or people as a soldier
or as a marine or seaman on board any
vessel of war, letter of marque, or pri-
vateer, shall be deemed guilty of a high
misdemeanor and shall be fined moi
more than $4,000 and imprisoned no
more than three years"
The section, however, that is specif'
ically covered in the Presidents proc
lamation is section 52S6, reading as fol-
lows:
Every person who, within the terri
tory or jurisdiction of the United States
begins or sets on foot, or provides OF
prepares the means for any military
expedition or enterprise to be carried on
from thence against the territory oi
dominions of any foreign prince oi
state, or of any colony. district or peo-
pie with whom the United States are
at peace shall be deemed guilty of a
high misdemeanor and shall be fined
not more than $4,000 and imprisoned
for not more than three years."
This statute covers the case of the
japanese drilling on Kauai If any law
OF the United States does, but of course
in the application of these laws the
courts have repeatedly taken wid'
latitude in ruling upon the applications
of the principles of the law to individu
al cases. In the first place the Japan
ese who have been drilling are reserN
soldiers of Japan who have been o
leave and who have now been calle
back to their colors. They are not,
the widest sense, preparing q militar
expedition against Russia on America
soil. At any rate they are not initial
ing a military expedition against Rus
sia on American soil. They are prot
ably drilling to perfect themselves
at arms, III "iiNii' thiSbS
lack of practice, they have becon
somewhat rusty. The most serious fei
ture of the case, and the new featur
consists in their actual possession
arms on American soil.
Again, under the law, 1t is viol'
tion of neutrality to prepare an exp
dition against the territory of any TO
eign prince with whom the Unit
States is not at war. There is no pro
that the japanese reservists called hor
from Honolulu are called for any 9th
purpose than garrison duty in their oN
country--but, If they should be sent
the front in Manchuria they would /
then be taking part in military opeI
tions within the territory of any pow
that would object to their presence
the ground of a violation of the ne
trality laws on the part of the Unit
States. Manchuria belongs to Chi
although a part of it is held by RI
sian troops, and there is abundant RI
son to believe that the japanese eff