The Hawaiian gazette., 1908-09-11
ARE We INSULAR
OR A TERRITORY?
tTrom Thursday.s Advertlser.l

A plea was filed in the United States
District Court yesterday which raises
the issue of the status of Hawaii in its
relation to the sovereignty of the
United States. In effect the issue
raised is whether Hawaii has the status
of Territory such as New Mexico or
Arizona or that of the Philippines or
Porto Rico.
The question was argued with such
force that Judge Dole dismissed the
iury and took the question under con.
sderation.
The issue was raised in the case of
Manuel Perez and Augusta Walsh, in
dicted under the Edmunds Act. A plea
of previous acquittal was filed by j. A.
Magoon. in which it was alleged that
these defendants were prosecuted for
the same offense in the District Court
last April and were acquitted May s.
The point of law raised was whether
there are two sovereignties in Hawaii
or only one. If there are two, as in a
State or in Territory, an acquittal in
the courts of one jurisdiction, as State
or Territorial courts, is not defense
in the Federal jurisdiction where the
same act is an offense by the laws of
each. But if this is not full Terri
tory, if the status here is as in the
Philippines, where there is in fact only
one sovereignty and one jurisdiction,
then an acquittal, even in the police
court, is a bar to prosecution in any
other court of that sovereignty or
jurisdiction.
The case was set for trial, but when
this plea in bar was filed Judge Dole
dismissed the jury until two O'Clock
while he heard argument on the ques-
tion. A number of apparently strong
cases were presented in support of the
plea, though other cases, apparently as
conclusive, were presented against it.
At two O'Clock Judge Dole dismissed
the jury for the day while he took the
matter under advisement.
The suggestion was made in the
is only one jurisdiction and sover-
eighty, that of the United States. and
the Circuit and District Courts are a
part of the Federal judicial machinery
then indictments in the Territorial
courts ought to conclude, "against the
peace and dignity of the United States
of America
More Divorces.
The divorce grist keeps up. Among
the new divorce cases is that of Gustav
C. Bechert VS.. Lucy l.. Beehert. They
, were married in 1906 and she commenc-
ed a course of "nagging" almost i'm
) mediately, it is said, expressing herself
: in terms of disesteem for her husband
and of contempt for his inability to
, support her in better style than he did
Then she went to San Francisco con
, trary to her husband IS wishes but with
money supplied her by her own people
She came back, however, with money
supplied by him, and with promises OF
/ amendment. But these were forgotten
and she added to her repertoire OF
misery making by series of invidious
t comparisons between the life and big
< ness of San Francisco and the narrow
i ness and dulness of jay town like
g Honolulu.
/ Lille Reid was given a divorce from
Q her husband William by Judge Lind
!, say on the ground of non-support.
Raymond Reyes Wins.
!. The suit of Henry Smith, trustee
{ against Raymond Reyes and his wife
and their minor children, to set aside ;
I conveyance to the children of certain
property in order to make it liable t.
/, an execution, was decided by Judg,
t Lindsay yesterday in favor of the de
7 PENDANTS. Henry Smith, as trustee
:. foreclosed a mortgage of some proper
= ty belonging to Reyes. The propert.
l. dld not satisfy the mortgage and
! deficiency Judgment was rendered.
!, was to set aside the conveyance b
n Reyes to his children so as to levy o
/ it to satisfy the deficiency judgmeu
" that the suit was brought. Judg
n Lindsay decided that no fraud wa
" shown to set aside the conveyance I
Sc the children.
i. Stipulations Filed.
is A stipulation was filed in the SUI
- - of the Wailuku Sugar company again'
+ Superintendent of Public Works Mar
ton Campbell yesterday by which tn
p defendants are given until Septembt
q 80 in which to answer.
~ I. A stipulation was filed in the su