The Hawaiian gazette., 1906-03-02
discharged.
TRIAL DECISION NEEDED.

TRIAL DECISION NEEDED.
It would be useful to have this last
point finally decided, for if it is well
taken then considerable structural
changes will be necessary in the dual
institution over con the reef
Not only that, but the Honolulu or
county Jail, or whatever the place of
detention for misdemeanants may be
called, will have to be segregated alb
solutely in control and management
from the Territorial penitentiary.
OF course, even so far as it goes,
Judge De Bolts decision is not neces-
sarily the last word In habeas corpus
cases, the Government has an appeal
and, in such an important matter, it is
probable that the Attorney General
will carry the case to the Supreme
Court Meantime, as it stands, giving
Chun Hoon his liberty, the decision is
here given in full:
THE DECISION.
The petitioner was prosecuted. found
guilty and sentenced to Imprisonment
fer ona year in Honolulu jail by the
District Magistrate of Honolulu with
out presentment or indictment Of
grand jury and without a trial by
jury. on a charge of aiding and assist
ing in maintaining a certain lottery. TO
wit che-fa, contrary to Section 3173. of
| the Revised Laws. Thereupon he filed
his petition herein for this writ of
habeas corpus alleging that the judg-
ment OF conviction was void for var
| ious reasons, including those above
he was released on bail pending these
To-, at . ba m nR1 oil ~
have reached regarding the alleged
repeal or modification of Section 1878
of the Revised Laws. hereinafter dis
| cussed. / deem 1t unnecessary to make
more complete statement of the facts
| than as stated above. or to consider
any other phase of the question sub
mitted.
The question thus presented. how
ever, is, Was the judgment of convic-
ton by the District Magistrate void
or not? Section 3179 reads as follows:
Ever person guilty Of misdemeanor
as provided in sections S172-31S2, shall
be punishable by a fine of not more
than one thousand dollars, or impris-
oned at hard labor not exceeding one
year"
1t is conceded by the Deputy Attor-
ney General that If this section Is not
in full force and effect the petitioner
is entitled to his discharge. He con-
tends, however, that this section has
been amended, the words lat hard la
bor'' having been eliminated there
from by force of Acts SO, So and SO.
Laws of 1905. am unable to concur
in this view. or course, the only
| ha h.l
claimed is that by implication. I'm
piled repeats are not favored. One
statute is not repugnant to another
unless they relate to the same subject
and are enacted for the same purpose.
(Suth. st. Const., Sec. 1881 1t Will be
observed that Act 33 relates only to
fines and costs In criminal cases and
amends Sections 1886. 1887 and 28sS OF
the Revised Laws. To my mind the
sole purpose and legislative intent OF
these sections and the amendatory
Act was and is obviously to provide
for the collection OF fines and costs ir
criminal cases. The Legislature was
only dealing with punishment by fine
and not by imprisonment Acts SIS and
SO are, in effect. the converse of each
other, and In no way, as 1t seems to
me, have any reference to Sec. 3179.
(Suth supra Sec. 143). Act IS provides
that no felon or person suffering in
famous punishment shall be confined in
Honolulu JAIL while Act So provides
that no person held for trial or as a
witness or for contempt or upon con-
viction OF a misdemeanor shall be i'm
prisoned In Oahu prison.
II viii also be observed that these
Acts (33, 5S, 800 are affirmative and do
not contain repeating clauses. "Af-
firmative statutes which contain no
reference to existing statutes, either
to amend or repeal them. Import that
the lawmaker has no conscious pur-
pose to affect them, unless by congru-
Gus addition" (Suth supra Secs. 147-
1872 Whatever view may be taken OF
the statutes OF 1905, or whatever pos
sible construction may be placed upon
them, the most that can be claimed Is,
that they deal with prisoners and con-
victs after trial. They, In no way.
have or make reference to or pur-
port 10 regulate the trial. or change
or prescribe the punishment TO be i'm
posed by the court upon conviction