The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-12-04
STANDS. On
ORGANIC ACT.
Fights Tabu
Fish LaW..-Divorce
Granted, etc.

Geo. A. Davis pressed Judge De Bolt
hard for an instant decision on the
Honolulu fishery habeas corpus case
yesterday morning. A. NJ. Brown also
appeared for the petitioner, while At
torney General L. Andrews represent
ed the respondent, High Sheriff Henry.
The court, however. deemed that there
proof and continued the case for one
week. unless an opportunity should
occur for hearing sooner.
1t was contended by Mr.. Davis that
the record of the District Court of
Eva supplied all the essential facts,
to which Mr. Andrews replied that the
record of a District Court was never
admitted in evidence in a higher court,
further than that the clerk who made
it might use it to refresh his memory
while testifying.
In this case the petitioner has run
ahead of an appeal he had taken,
adopting the shorter route of habeais
corpus for getting rid of his sentence
for alleged violation of the fishery
laws
The application for the writ is based
on the provision of the Organic Act
that "all fisheries in the sea waters
of the Territory of Hawaii not in
Guided in any fish pond or artificial
Enclosure shall be free to all citizens
of the United States, subject, how
ever to vested rights
Fukunaga was convicted by Dis
trict Magistrate S. Hookano at Eva
on November IA. and sentenced to pay
a fine of fifty dollars and costs, or to
be imprisoned at hard labor until fine
and costs were paid, for having vio-
lated section 1850 of the Penal Laws
by maliciously and wilfully appropri-
ating to himself certain tabued fish, to
wit, amaama (mulletl, of the kono
hiki of the sea fishery of honolulu,
the konohiki being Oahu Railway &
Land CO., Ltd
In the petition for a writ of habeas
corpus it is claimed that the penal law
said to have been violated by Fuku-
maya was repealed by the Organic Act,
SO that the conviction and sentence of
Fukunaga is null and void. Pending
7
/ Bolt ordered that the petitioner be
/ enlarged upon $50 bail which was fur
/ nished.
VIM. Henry, High Sheriff, demurred
to the writ on the ground that the
First Circuit Court has no jurisdiction
i over the subject matter of said action,
or over the parties thereto. inasmuch
1 as said petition and writ are issued
/ from the First Circuit Court at term,
| when said First Circuit Court has no
authority or power to issue writs of
habeas CORPUS
| Seventeen other Japanese Were con-
victed with Fukunaga but were let off
with the nominal penalty of 81 and
costs each. Fukunaga on the spot
appealed to the Circuit Court
COURT NOTES.
Judge Gear yesterday heard the pc
ton for cancellation of trust deed
made by James Love. Henry Highton
appeared for the petition, claiming
that the deed was revocable. being at
/ pest no better than a will. A. G. NJ.
| Robertson opposed the application.
The parties We're directed to file briefs
| Judge Robinson granted Mary j.
| Dickson divorce against Thomas
Dickson. with an allowance of SO a
week alimony. E. A. Douthitt for
libellant; no appearance of or for
! libellee.
y. 5. Commissioner Judd bound Yo-
shimura over to the grand jury for
violation of a moral statute.
Deputy Attorney General NJ. F.
Prosser has entered joinders in de-
nlurrers of all of the defenda ntr II, tf1a
suit of c. S. Holloway. superintendent
of Public Works. on the bond of E.
V. Richardson, former clerk of the
Water Works Bureau
The German Savings & Loan Society
by its attorney, w. o. Smith, has fled
an answer in the foreclosure suit. of
Sister Albertina VS.. David Kawanana-
lzoa and others, setting forth its claims
in the matter and praying for such
relief as may be proper
Allen & Robinson, Ltd, has brought
suit against Frederick W. knight for